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Murder in the Desert
#41
Posted 14 July 2007 - 07:10 PM
so there is no need to start talking about any form of legal mumbo jumbo at all it so clear. it is just simple logic.
#42
Posted 14 July 2007 - 11:22 PM
#43
Posted 16 July 2007 - 03:01 AM
I personally think it would be B for the murderer, because he may have prolonged C's life, but in the end, landed up murdering him.
#44
Posted 16 July 2007 - 04:48 AM
#45
Posted 18 July 2007 - 03:14 AM
#46
Posted 18 July 2007 - 03:45 PM
when u push someone off a cliff, hitting the water or ground below kills them, not you, so its not ur fault
when u strangle someone, the oxygen depletion from their brain kills them, not you, so its not ur fault
when u take a person's only drinking water source in the desert away from them, the harsh conditions kill him, not you, so its not ur fault"
thats what ur saying. and its totally wrong, my friend.
#47
Posted 18 July 2007 - 04:30 PM
when u push someone off a cliff, you made them fall from steady ground, and hitting the water or ground below kills them, so it is ur fault
when u strangle someone, you caused the oxygen depletion from their brain which kills them, so it is ur fault
when u take a person's only drinking water source in the desert away from them, you enabled the harsh conditions to kill him, so it is ur fault"
#48
Posted 19 July 2007 - 06:25 AM
Most judicial systems of the world (including Canada and USA) rest on Blackstone's formulation: "better that ten guilty persons escape than that one innocent suffer." These systems are set up so that various elements of a crime need be met before punishment is determined. Hence, we have varying crimes, with differing punishments, and the difference basically comes down to whether all the elements of a particular crime are met.
To hold A guilty of murder, without causation, is an absurdity. A previous post states that it was the poisoning of the water that resulted in the lack of potable water, and thus A is guilty of murder; and, others have stated that B only extended C's life span by slitting the bag. These are red herrings, and would probably be fun to include on a criminal law exam, but most students would tear the argument to shreds. A's intent was to kill C by poisoning him. He poisoned the water, but the causal link is missing. His action did not lead to the death of C. He is guilty of attempted murder, period.
The interesting part of the question is whether B is guilty of murder. B intended to kill C by taking away his water. B's action was to slit the bag. C died because he had no water to drink. However, it was not B's action that resulted in C's lack of potable water. The previous poster's comments regarding the potability of the water does not lead to A's guilt with regards to the crime of murder, but rather to B's innocence for the same crime. B is guilty of many things, but I think it can be argued that he's not guilty of murder. Consider this: B wants to kill C, B slits the bag, the bag is already empty. Now, is he guilty of murder? What's the difference between an empty bag and a bag full of poisoned water?
Neither A nor B is guilty of murder.
#49
Posted 19 July 2007 - 05:05 PM
Legally: multiple answers here, depends on the legal system obviously. In America you would probably need a confession because there doesn't seem enough evidence to swing the case.
Factually: both A and B wanted C to die, and both succeeded whether or not they succeeded in their 'scheme' or desired 'time window' doesn't really matter. All people will die eventually anyways so if a person is convicted of attempted homocide and his victim eventually dies of a heart attack 20 years down the road is he a murderer? I'd say factually yes he is, a bad one albeit, but a murderer all the same.
#50
Posted 19 July 2007 - 05:47 PM
"when u shoot a gun, you initiated the high speed impact which kills him, so it is ur fault
when u push someone off a cliff, you made them fall from steady ground, and hitting the water or ground below kills them, so it is ur fault
when u strangle someone, you caused the oxygen depletion from their brain which kills them, so it is ur fault
when u take a person's only drinking water source in the desert away from them, you enabled the harsh conditions to kill him, so it is ur fault"
lol no sh*t! I was proving a point to that guy that posted before me that said the "desert killed B, not the water". I was telling him how wrong he was. i dont think that.
and to that person that said A and B are innocent:
1. i think everyone agrees A is innocent except for attempted murder. Duh.
2. B is definitely guilty. Sure if B hadn't of slit the sack, C wouldve died anyway, but B did slit the sack and C died because of B. B is the murderer. End of story.
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