Joelcool7 said:
A man is walking down the street accidently bumps into a man and stabs him Why did the individual stab the man? A) Because he suffers froma mental disorder and is off his medication. He has a very hard time controlling his anger and flips out stabbing the man. B) He bumps into the man notices the mans black. He decides because he hates black people to stab the man C) The man bumps into the man while looking for a victim to stab, being a serial offender he has stabbed many people and chooses to stab again. The wrong place at the wrong time. D) The man bumps into another man with an unsheathed knife and accidently stabs him (Graises him) E) The man accidently bumps into another man, thinking the man has money he pulls and knife and tries to rob the individual. The man resists so he is stabbed. Four different motives. Should all of them be treated the same? All four situations are identicle. Their are different reasons. Should the man who is mentally unstable be treated the same as the repeate offender? Should the racist be treated the same as the robber? Should the accidental stabbing be treated the same as the Racist? No all four the exact same crime carried out in the exact same or pretty much same fashion. But all four have different reasons. Now what are you going to suggest. The exact same crime carried out the exact same way for the exact same reasons. Should they be treated all the same? |
A) Being off of his meds makes it a different crime. Reckless endangerment. Facts of the crime are different... so Invalid. The actual crime started well before this happened when he went off his meds knowing he'd be a danger. Reckless Endangerment.
B) Same punishment as any other stabbing.
C) Different facts of the crime. He had premdiatated stabbing someone.
Unless
C2) He planned to stab someone in particular then decided this guy would do. In which case, same punishment if he has stabbed as many people as person B. If not, again... facts of the crime are different and would be reflected in sentencing.
Though if he was dumb enough to actually let people know he was going to stab someone else, i'm pretty sure there are other charges he could be brought up on.
D) He's not intentionally stabbing him then is he? So.... different facts of the crime?
E) Again, different facts of the crime. Either way he should be punished MORE serverly. He is committing two crimes instead of one. Either he's premeditated stabbing someone... or he had the exact same stabbing someone reflex, but this time while trying to comit a crime.








