Woman falsely accuses man of rape, admits it 5 years later

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby CorruptUser » Tue May 29, 2012 8:18 pm UTC

Princess Marzipan wrote:The "cruel irony" of rapists being raped in prison is...funny?


No, it's not. My humor would be something like noting how Alexander Graham Bell invented the telephone but was married to a deaf woman. And wanted to use eugenics to eliminate deaf people (marital trouble?). Also he was involved in President McKinley's death.

Princess Marzipan wrote:You brought it up out of literally nowhere, which is why I ask if I see you trollin'. Why even mention it?


Because they are the most likely to end up sexually abused in prison. Stopping prison rape may start with protecting the people at highest risk, which would be child molesters. I just have trouble summoning too much sympathy; I have trouble caring what happens to them except for how it affects them when they leave prison. Was just wondering if it's really just about disgust from the other prisoners or it's because they would likely be the least able to defend themselves in prison; if the abuse is based on their size alone and not crime, then it's more of cause for alarm IMHO.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby darkone238 » Tue May 29, 2012 8:38 pm UTC

Sheikh al-Majaneen wrote:Everybody who has been to middle school/ jr. high school in the US has at least a vague understanding of what "don't drop the soap" means and its context, and many of their parents think that prison rape is just desserts.

Or perhaps that's an artifact of growing up in the south.

Confirmed that this is a common thing in places like Southern California as well.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Princess Marzipan » Tue May 29, 2012 8:51 pm UTC

CorruptUser wrote:Was just wondering if it's really just about disgust from the other prisoners or it's because they would likely be the least able to defend themselves in prison; if the abuse is based on their size alone and not crime, then it's more of cause for alarm IMHO.
All of which has NOTHING to do with this case!

CorruptUser wrote:Stopping prison rape may start with protecting the people at highest risk, which would be child molesters. I just have trouble summoning too much sympathy; I have trouble caring what happens to them except for how it affects them when they leave prison.
IMHO, since that seems to be the bar for topical relevance, this makes you a bad person.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby (╯°□°)╯︵ ┻━┻ » Tue May 29, 2012 9:00 pm UTC

It's not funny. It's my humor. It's not funny.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby CorruptUser » Tue May 29, 2012 9:47 pm UTC

Err, no, prison rape is not my humor. Just because I don't feel sympathy doesn't mean I think something is acceptable or hilarious.

Back to the topic, any chance the girl has any of that $1.5M left for the courts to seize?

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Diadem » Tue May 29, 2012 10:35 pm UTC

CorruptUser wrote:Because they are the most likely to end up sexually abused in prison. Stopping prison rape may start with protecting the people at highest risk, which would be child molesters. I just have trouble summoning too much sympathy; I have trouble caring what happens to them except for how it affects them when they leave prison.

Ah, so we've moved on to full blown victim blaming now?

Also: Everybody keeps saying this girl got 1.5M from the school. But that's not true. The mother got 1.5M. It may be unfair, but I don't really see how you can make person B pay back a settlement because it turns out person A lied about it.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby yurell » Tue May 29, 2012 10:38 pm UTC

Diadem wrote:Also: Everybody keeps saying this girl got 1.5M from the school. But that's not true. The mother got 1.5M. It may be unfair, but I don't really see how you can make person B pay back a settlement because it turns out person A lied about it.


Why not? Everyone was quite happy with Person C paying Person B in the first place because Person A lied about it.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby CorruptUser » Tue May 29, 2012 11:31 pm UTC

Diadem wrote:so we've moved on to full blown victim blaming now?


Warning, TVTropes link

Click at own risk.

Big difference between "you had it coming" and "I don't care that you got it".
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby lutzj » Tue May 29, 2012 11:53 pm UTC

Diadem wrote:[Also: Everybody keeps saying this girl got 1.5M from the school. But that's not true. The mother got 1.5M. It may be unfair, but I don't really see how you can make person B pay back a settlement because it turns out person A lied about it.


If you buy stolen property and the owner wants it back you have to forfeit it. And you usually don't get your money back. I think the cash settlement falls into a similar legal bucket here, assuming it hasn't been spent yet.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Djehutynakht » Wed May 30, 2012 5:18 am UTC

Question: If she can't be legally punished for her crime, is there any chance of making the woman a social pariah through a huge publicity campaign?

She coud be the next Casey Anthony.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Princess Marzipan » Wed May 30, 2012 5:26 am UTC

CorruptUser wrote:Err, no, prison rape is not my humor. Just because I don't feel sympathy doesn't mean I think something is acceptable or hilarious.
For future reference, claiming a lack of sympathy rather strongly implies that you don't think something is unacceptable.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby induction » Wed May 30, 2012 3:58 pm UTC

schmiggen wrote:Deterrence, not retribution, is the (original/philosophical) basis of our legal system, as far as punishment goes. The motive in enforcing laws is sometimes retribution, of course.


The Great Hippo wrote:A system that exists primarily for the sake of retribution is perverse, and ultimately more about fetishizing our morality rather than constructively applying it.

...

Retribution is a bug of our legal system--not a feature.


I know I'm late to the party, but I wanted to comment on this. I think that one of (possibly even the) main motivations behind the justice system is the prevention of vigilantism and blood feuds. When someone is wronged, they tend to seek a sense of 'justice' that allows them to maintain a positive sense about their safety and status in society ('You can't do that to me/my family and get away with it!'). I think this urge for justice is instinctual and probably predates modern humans. Just think of how easily and effectively it is used by screenwriters to manipulate audiences. We reliably respond to injustice on an emotional level, even when we know we are being manipulated. This explains why being 'tough on crime' is such an effective way of increasing electability, despite the probability that this toughness makes things worse (eg a minor offender goes into prison and comes out a hardened criminal), and explains the numerous cases of prosecutors and police pinning crimes on innocent people (as long as someone goes to jail, the public will be satisfied and they can all keep their jobs). I think it also explains why so many of us want to see the girl in this story punished for the harm she caused.

Prior to the existence of institutionalized justice, the appropriate response to being wronged was personal revenge, which tends to lead to counter-revenge, and counter-counter revenge, etc. until you get a blood feud where nobody can remember what the original offense was. Institutionalizing justice allows people to satisfy their justice instinct while (hopefully) reducing future violence/societal destabilization. In this sense, modern justice is simultaneously aimed at retribution and deterrence, just not in the way that we usually think: it prevents future crimes against the perp instead of by the perp.

To be clear, I personally feel that we should also try to rehabilitate offenders and give them a way back into society, instead of simply digging their hole deeper and deeper the way the current justice system seems to. But justice system reform is difficult for the reason I just mentioned in addition to the previously discussed profit motive (private prisons run as businesses, etc.). The public wants to feel that offenders are being punished (not relaxing in a country club) in order to satisfy their justice instinct. We might rationalize it as deterrence, and maybe it even is to some extent (probably not), but it seems more instinctual than that. On a practical level, any attempts to reform the justice system will have to account for this in order to have any chance of success. If we want to reduce the rate of false convictions and increase actual rehabilitation, we must do so while continuing to satiate the justice instinct of the public.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby CorruptUser » Wed May 30, 2012 4:14 pm UTC

induction wrote:
schmiggen wrote:Deterrence, not retribution, is the (original/philosophical) basis of our legal system, as far as punishment goes. The motive in enforcing laws is sometimes retribution, of course.


The Great Hippo wrote:A system that exists primarily for the sake of retribution is perverse, and ultimately more about fetishizing our morality rather than constructively applying it.

...

Retribution is a bug of our legal system--not a feature.


I know I'm late to the party, but I wanted to comment on this. I think that one of (possibly even the) main motivations behind the justice system is the prevention of vigilantism and blood feuds. When someone is wronged, they tend to seek a sense of 'justice' that allows them to maintain a positive sense about their safety and status in society ('You can't do that to me/my family and get away with it!'). I think this urge for justice is instinctual and probably predates modern humans. Just think of how easily and effectively it is used by screenwriters to manipulate audiences. We reliably respond to injustice on an emotional level, even when we know we are being manipulated. This explains why being 'tough on crime' is such an effective way of increasing electability, despite the probability that this toughness makes things worse (eg a minor offender goes into prison and comes out a hardened criminal), and explains the numerous cases of prosecutors and police pinning crimes on innocent people (as long as someone goes to jail, the public will be satisfied and they can all keep their jobs). I think it also explains why so many of us want to see the girl in this story punished for the harm she caused.


The main motivation of the justice system is to be a deterrent for future crimes. Prevention is easier than cure, after all.

But yes, the desire for retribution is instinctual. Humans are one of the few species that understands revenge (the others being badgers and crows). It's why shaved monkeys dominate the earth and not elephants; someone lost a child to a wolf, so the entire tribe grabbed their pointy sticks and killed every wolf they could find, keeping some alive only to be eaten later (and later discovering they could be trained). But you see videos of wildebeast just sitting around while lions eat their cousins. Seriously, wildebeast, each single one of you is bigger than a lion, if only a fraction of you just charged after those lions and stomped them into the ground you'd never be eaten by them again!

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Princess Marzipan » Wed May 30, 2012 5:45 pm UTC

I know when I play Civ V games I NEVER forgive AI players for declaring war on me. I make sure to crush them - maybe millenia later, but oh do I crush them.

Unfortunately none of the AI players in the next game 'remember' so it's not much of a deterrent. And yet I still do it. :P

induction wrote:I think that one of (possibly even the) main motivations behind the justice system is the prevention of vigilantism and blood feuds
Very interesting; I'd never thought about it that way. I'm reticent to ascribe this as a motivation - perhaps it's more of a beneficial side effect. But a relation of any sort definitely makes sense, and is intriguing.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby LaserGuy » Wed May 30, 2012 9:11 pm UTC

CorruptUser wrote:But yes, the desire for retribution is instinctual. Humans are one of the few species that understands revenge (the others being badgers and crows). It's why shaved monkeys dominate the earth and not elephants; someone lost a child to a wolf, so the entire tribe grabbed their pointy sticks and killed every wolf they could find, keeping some alive only to be eaten later (and later discovering they could be trained). But you see videos of wildebeast just sitting around while lions eat their cousins. Seriously, wildebeast, each single one of you is bigger than a lion, if only a fraction of you just charged after those lions and stomped them into the ground you'd never be eaten by them again!


African Cape Buffalo seem to also understand revenge. If they're attacked by lions, the herd will sometimes track the lions back to their den and try to murder all of the cubs (video).

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby joek » Thu May 31, 2012 6:28 pm UTC

darkone238 wrote:
Sheikh al-Majaneen wrote:Everybody who has been to middle school/ jr. high school in the US has at least a vague understanding of what "don't drop the soap" means and its context, and many of their parents think that prison rape is just desserts.

Or perhaps that's an artifact of growing up in the south.

Confirmed that this is a common thing in places like Southern California as well.


In which case, I'm quite possibly wrong. Carry on.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby iChef » Thu May 31, 2012 9:39 pm UTC

I think all these theories are a little off the mark as to the purpose of our legal system. Countries who base their system off common law are set up to make the wronged party whole. This is the entire basis of the civil court system and why things like restitution are part of criminal trials. In this case the school system needs to be made whole for the 1.5 million it lost. This young man needs to be compensated for over 5 years of lost life. This will include damage to his reputation, lost wages he would have made during 5 years, the actual value of the 5 years of life lost. I would even go so far as to say the state has been wronged in the amount of the cost of jailing him for the 5 year period.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby fifiste » Sun Jun 03, 2012 6:40 am UTC

yurell wrote:
Diadem wrote:Also: Everybody keeps saying this girl got 1.5M from the school. But that's not true. The mother got 1.5M. It may be unfair, but I don't really see how you can make person B pay back a settlement because it turns out person A lied about it.


Why not? Everyone was quite happy with Person C paying Person B in the first place because Person A lied about it.



There is a Mali tale that goes something like this.
A woman named Fati goes to her neighbour Lalla to borrow a pot. After a few days she returns with her pot with smaller pot inside.
"What is this?", asks Lalla. "Your pot had a daughter", says Fati. Lalla doesn't say a word and takes both pots.
Next week Fati borrows the pot again. Lalla doesn't see her for a long time and goes to her place to get her pot back.
"Where is my pot?", asks Lalla.
"It died", says Fati.
"Since when do pots die?"
"Since when do pots give birth?"

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby yurell » Sun Jun 03, 2012 6:43 am UTC

Meaning?
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby fifiste » Sun Jun 03, 2012 7:50 am UTC

Well in this case it is about a woman accepting something that it is not hers on a blatant lie and later having it rubbed in. It is not directly applicable to this story of course - I do think and dearly hope that the mother was oblivious of the lie. But it is a nice story about lies and keeping stuff which I quite accidentally stumbled across again yesterday. And I like the story and wanted to share it :wink:
In this case it seems to be more like a case of unknowingly receiving stolen goods etc. in which case I think in most jurisdictions the goods will be returned to their rightful owner.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Elvish Pillager » Sun Jun 03, 2012 6:06 pm UTC

Wait, what? Are we supposed to believe that what Fati does in this story is reasonable?
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby jakovasaur » Sun Jun 03, 2012 6:30 pm UTC

That is truly the worst story I have ever heard.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby thc » Mon Jun 04, 2012 11:12 am UTC

Jesus christ guys, it's just a parable. It's not meant to be scrutinized as literal. All it means is that when people receive something they aren't supposed to and when they lose something for the exact same reason, they react very differently.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby WaterToFire » Mon Jun 04, 2012 2:23 pm UTC

[Double post]
Last edited by WaterToFire on Mon Jun 04, 2012 10:25 pm UTC, edited 1 time in total.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby WaterToFire » Mon Jun 04, 2012 2:23 pm UTC

So the accused guy is trying to make a documentary about his experience. He has a kickstarter to fund it, if anyone's interested.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Radical_Initiator » Mon Jun 04, 2012 8:04 pm UTC

jakovasaur wrote:That is truly the worst story I have ever heard.


A man walks into a bar. He asks the bartender for a cheeseburger.
"Sorry," says the bartender. "We only serve bratwurst, and only to pigeons named Ned."
"Huh," says the man. The man then walks over to a jukebox and punches through the glass, both breaking and severely cutting his hand.
The man looks at the bartender, shakes a bloody fist and says, "Nobody says that to my mother!" Then, he walks back out the front door.
Later, Garrus was eaten by a shark.

THE END.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby LaserGuy » Mon Jun 04, 2012 8:18 pm UTC

Radical_Initiator wrote:
jakovasaur wrote:That is truly the worst story I have ever heard.


A man walks into a bar. He asks the bartender for a cheeseburger.
"Sorry," says the bartender. "We only serve bratwurst, and only to pigeons named Ned."
"Huh," says the man. The man then walks over to a jukebox and punches through the glass, both breaking and severely cutting his hand.
The man looks at the bartender, shakes a bloody fist and says, "Nobody says that to my mother!" Then, he walks back out the front door.
Later, Garrus was eaten by a shark.

THE END.


Is this a bad story if it is hilarious?

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby anickseve » Mon Jun 04, 2012 9:57 pm UTC

joek wrote:I suspect, however, that the number of fifteen year olds who know what the prison-rape rate is in their country is very low. So in this instance, unless you can prove that the woman in question knew the likelihood of any assault this man might have suffered, and that he did indeed suffer such assault, which I don't recall seeing, then she should not be punished for it. And, unless the US justice system is even stranger than I thought, cannot be punished for it? (Possibly a civil claim could be made, however?)


I think this is an odd statement. If I understand correctly, you're saying that, if she isn't aware of the victimization that can occur in prison, she shouldn't be charged with crimes for subjecting someone to that victimization? Can't we extend this logic to, say, tax law? "I did't KNOW I had to pay taxes. You can't charge me with tax evasion!" Or even sticking with criminal law "I had no idea that driving while drunk was going to end up killing that pedestrian. Oops.". As far as I am aware, an individual's awareness or lack thereof has absolutely no barring on their guilt or innocence of a crime.

The fact is that this young woman took 5+ years of this man's life, and her family profited over 1 million dollars for it. I think her knowledge of prison life is irrelevant. She still unjustly accused this man of a crime and should be punished for all that that entails.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Dauric » Tue Jun 05, 2012 2:44 am UTC

LaserGuy wrote:
Radical_Initiator wrote:
jakovasaur wrote:That is truly the worst story I have ever heard.


A man walks into a bar. He asks the bartender for a cheeseburger.
"Sorry," says the bartender. "We only serve bratwurst, and only to pigeons named Ned."
"Huh," says the man. The man then walks over to a jukebox and punches through the glass, both breaking and severely cutting his hand.
The man looks at the bartender, shakes a bloody fist and says, "Nobody says that to my mother!" Then, he walks back out the front door.
Later, Garrus was eaten by a shark.

THE END.


Is this a bad story if it is hilarious?


It's got conflict, action, absurdist humor, and a bit of pathos at the end. What's not to like? I'd say we could get a movie deal out of it, but I think it's too high-concept for Hollywood.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby jules.LT » Tue Jun 05, 2012 5:00 pm UTC

anickseve wrote:I think this is an odd statement. If I understand correctly, you're saying that, if she isn't aware of the victimization that can occur in prison, she shouldn't be charged with crimes for subjecting someone to that victimization? Can't we extend this logic to, say, tax law? "I did't KNOW I had to pay taxes. You can't charge me with tax evasion!" Or even sticking with criminal law "I had no idea that driving while drunk was going to end up killing that pedestrian. Oops.". As far as I am aware, an individual's awareness or lack thereof has absolutely no barring on their guilt or innocence of a crime.

The fact is that this young woman took 5+ years of this man's life, and her family profited over 1 million dollars for it. I think her knowledge of prison life is irrelevant. She still unjustly accused this man of a crime and should be punished for all that that entails.

It's the same difference as between unwittingly doing something that kills a man (manslaughter) and doing it knowingly (homicide).
If she knowingly sent him to prison for a crime he didn't commit, she's guilty of that. If she didn't know he would then be likely to be sexually assaulted, then she isn't guilty of willingly submitting him to that.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Kayangelus » Tue Jun 05, 2012 5:18 pm UTC

jules.LT wrote:
anickseve wrote:I think this is an odd statement. If I understand correctly, you're saying that, if she isn't aware of the victimization that can occur in prison, she shouldn't be charged with crimes for subjecting someone to that victimization? Can't we extend this logic to, say, tax law? "I did't KNOW I had to pay taxes. You can't charge me with tax evasion!" Or even sticking with criminal law "I had no idea that driving while drunk was going to end up killing that pedestrian. Oops.". As far as I am aware, an individual's awareness or lack thereof has absolutely no barring on their guilt or innocence of a crime.

The fact is that this young woman took 5+ years of this man's life, and her family profited over 1 million dollars for it. I think her knowledge of prison life is irrelevant. She still unjustly accused this man of a crime and should be punished for all that that entails.

It's the same difference as between unwittingly doing something that kills a man (manslaughter) and doing it knowingly (homicide).
If she knowingly sent him to prison for a crime he didn't commit, she's guilty of that. If she didn't know he would then be likely to be sexually assaulted, then she isn't guilty of willingly submitting him to that.


She is still guilty of submitting him to that, just not of WILLINGLY submitting him to it. Same how manslaughter means you are guilty of killing someone, just not of KNOWINGLY killing someone.

Small difference maybe, but the arguments have been that she is guilty of submitting him to prison rape, not of willingly submitting him to it.

Also, I'm not sure if our legal system distinguishes between accidental rape, and purposeful rape...

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby EsotericWombat » Tue Jun 05, 2012 7:50 pm UTC

If someone dies in the process of you committing a felony, that's murder, not manslaughter.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Whimsical Eloquence » Tue Jun 05, 2012 9:39 pm UTC

EsotericWombat wrote:If someone dies in the process of you committing a felony, that's murder, not manslaughter in some parts of the U.S. and Australia


Fix'd that. Given that Felony Murder is one of the most bizarre and misguided former doctrines of Common Law.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby EsotericWombat » Tue Jun 05, 2012 9:51 pm UTC

s/Some parts of/46 states, including the jurisdiction relevant to this case.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Diadem » Tue Jun 05, 2012 9:57 pm UTC

It's still in idiotic concept. Also, irrelevant. No one died. And prison rape is still not her fault. Even with the idiotic concept of felony murder in place, if I am robbing a man, and someone completely unrelated shoots him, I'm not guilty of murder of manslaughter.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Radical_Initiator » Tue Jun 05, 2012 10:54 pm UTC

Diadem wrote: if I am robbing a man, and someone completely unrelated shoots him, I'm not guilty of murder of manslaughter.


No, you're not guilty of murder or manslaughter, but I'm fairly certain that's also not how the felony murder rule works. It's got to be a death caused as a consequence of the crime committed, not simply in proximity (spatial or temporal) to it, and it can't be too remote from the crime. Not that it's all that much better, generally, but it's very slightly less absurd.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby yurell » Wed Jun 06, 2012 1:44 am UTC

Diadem wrote:Even with the idiotic concept of felony murder in place, if I am robbing a man, and someone completely unrelated shoots him, I'm not guilty of murder of manslaughter.


No, but if you push him onto the road and he gets hit by a truck you are.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Williks » Wed Jun 06, 2012 2:28 am UTC

yurell wrote:No, but if you push him onto the road and he gets hit by a truck you are.

Presumably you'd be charged regardless of whether you happened to be robbing him as you shoved him in front of the truck. The issue is whether an automatic graduation from manslaughter to murder is reasonable.

I'm remembering a case in which an individual was charged in the death of his accomplice who was shot by the police after fleeing the scene of a crime.

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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby Dauric » Wed Jun 06, 2012 2:34 am UTC

yurell wrote:
Diadem wrote:Even with the idiotic concept of felony murder in place, if I am robbing a man, and someone completely unrelated shoots him, I'm not guilty of murder of manslaughter.


No, but if you push him onto the road and he gets hit by a truck you are.


Reading the wikipedia on Felony Murder, and assuming i'm reading it right, I think a more applicable scenario would be a bank robbery involving multiple robbers. One robber shoots and kills someone (or more than one person), though his accomplices never discharge a round from their own weapons. The first robber is guilty of straight-up first-degree murder. The other robbers are guilty of "Felony murder" because they participated in the actions that led to the first robber shooting his weapon (IE: aiding him in the bank robbery). If they hadn't been part of the bank robbery then the first robber may not have been in a position to shot the weapon in to a crowd.

While similar to 1'st degree murder, Felony Murder generally precludes the harshest punishments at sentencing (IE: the death penalty). In the robber scenario the first robber may get lethal injection for his part, but the prosecution could only go for life on the other two despite 1st and felony murders being otherwise equivalent charges.

Assuming I'm reading and understanding it correctly of course.
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Re: Woman falsely accuses man of rape, admits it 5 years lat

Postby BattleMoose » Wed Jun 06, 2012 4:56 am UTC

Dauric wrote:The first robber is guilty of straight-up first-degree murder.


Second degree. First degree murder requires that the murder be premeditated and I don't think that includes killing some random person during a bank robbery. At least, as my understanding goes, although it would hardly make sense then that the felony murder be considered in the 1st degree?


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