So it's manslaughter and criminal negligence. Good.
His defense? She "consented" to the ritual. I agree with that - but I don't think dying was part of her plans.
Leaving her alone to go out shopping for pasta is definitely criminal. How can anyone's life be less important than noodles?
Jenny.
Helplessness is a doorway to the innermost reaches of the soul.
If my corset isn't tight, it just isn't right!
Kink is the spice of life!
Come to the Dark Side - we have cookies!
i just had to approve this post out of spite before banning the user, because it is a new low
for human bots.
michael, when you read this: all the best to your family & kids, but for you personally "pest & cholera" is appropriate. do you have any idea what kind of thread you hijacked ?
I would have just whipped him to smithereens without leaving a trace.
Jenny.
Edit: I just did that... so if there's an unexplained discontinuity in the space-time fabric, that's my fault.
Last edited by bound_jenny on 14 Dec 2014, 11:10, edited 1 time in total.
Reason:Follow-up
Helplessness is a doorway to the innermost reaches of the soul.
If my corset isn't tight, it just isn't right!
Kink is the spice of life!
Come to the Dark Side - we have cookies!
He won't win his appeal the outcome will likely be the same manslaughter and negligence.
Consent isn't enough to justify him as innocent and either way I'd give him manslaughter either voluntary or non-voluntary. I'd probably give him the maximum sentence of either of those plus the negligence if I was on the jury or the judge
I'm with you with that. Unless there's some gross technicality, he doesn't deserve to win his appeal.
Consent is only useful for sexual activity, not for killing someone. Manslaughter would be my choice of charge, along with criminal negligence causing death.
Sentence? The maximum just as an example, to show that even if you're a dumbass you don't get away with that. And I'd add some for good measure.
Jenny.
Helplessness is a doorway to the innermost reaches of the soul.
If my corset isn't tight, it just isn't right!
Kink is the spice of life!
Come to the Dark Side - we have cookies!
What is the maximum? Is it involuntary manslaughter?
I think maximum is bad unless this guy had a relevant criminal record. Punishment is not a deterrent - we have the US Justice system to prove that. And it manifests a culture and understanding that this crime is especially heinous for reasons other than the death and the negligence associated with it - in other words, that because it was BDSM the punishment should be larger.
I'm pretty sure Canada uses common law which means that the sentencing will be utilized as precedent in future proceedings when another BDSM related death occurs. It will also be used in current and future civil cases. All of that makes me uncomfortable.
I appreciate that the guy was highly irresponsible, etc. but we should hope it isn't punishment for the sake of retribution or whatever because that is the mentality that causes you and me to suffer down the road.
Last edited by uncannymoebius on 29 Dec 2014, 06:13, edited 1 time in total.
Sir Cumference wrote:The problem with maximum is, that the courts prefer to not give it..... In case the next one is an even bigger idiot.
Very true and I don't think he'd get the maximum but that's what I would give him personally.
uncannymoebius wrote:What is the maximum? Is it involuntary manslaughter?
It varies by country, state, and province.
In-Voluntary: 3-8 years - Sometimes no jail time due to evidence, testimony, and or defense. Does not mean you couldn't be sued for wrongful death.
Voluntary: 5-25 Years - significantly less than Second or First Degree murder.
Just an estimation on how long the sentences could range from on both of those types of Manslaughter. Like all Manslaughter cases it's dependent on negligence and how well the prosecuting attorney presents the case.
Helplessness is a doorway to the innermost reaches of the soul.
If my corset isn't tight, it just isn't right!
Kink is the spice of life!
Come to the Dark Side - we have cookies!
uncannymoebius wrote:What is the maximum? Is it involuntary manslaughter?
I think maximum is bad unless this guy had a relevant criminal record. Punishment is not a deterrent - we have the US Justice system to prove that. And it manifests a culture and understanding that this crime is especially heinous for reasons other than the death and the negligence associated with it - in other words, that because it was BDSM the punishment should be larger.
I'm pretty sure Canada uses common law which means that the sentencing will be utilized as precedent in future proceedings when another BDSM related death occurs. It will also be used in current and future civil cases. All of that makes me uncomfortable.
I appreciate that the guy was highly irresponsible, etc. but we should hope it isn't punishment for the sake of retribution or whatever because that is the mentality that causes you and me to suffer down the road.
i hear you, but in the end one person's live has been terminated because the accused has neglected his duties due to sexual desire/ being plain dimwitted (in which case he shouldn't have played in the 1st place).
and don't underestimate judges (i don't know about CA, but i think they aren't subject to popular vote). you might not like single decisions, but compared to the US system it will rightfully result in decisions that aren't tilted by public outrage.
In Canada, judges are appointed (by politicians, of course ). There are a lot of liberal activist judges around that are super lenient on even the most deranged or odious criminals (check out Guy Turcotte). As I heard on the radio this morning (they were talking about minimum sentences for gun crimes), "they're like BOMARC missiles, once you've got'em, you can't fire'em".
I would obviously not be one of those. You've heard of the Hanging Judge? I'd be the Whipping Judge.
Jenny.
Helplessness is a doorway to the innermost reaches of the soul.
If my corset isn't tight, it just isn't right!
Kink is the spice of life!
Come to the Dark Side - we have cookies!
bound_jenny wrote:
I would obviously not be one of those. You've heard of the Hanging Judge? I'd be the Whipping Judge.
Jenny.
but they won't make headlines unless they
put 14 year old kids in jail for posseing 1/2 a gram of maryjane. (don't get me wrong. i'm in
favor of a quick & "painfull" judgement for adolescents. the operating term being quick.)
seriously, i don't wanna be a judge. every of ones decision is subject to the public & your
superiors eye.
ponylady wrote:
i hear you, but in the end one person's live has been terminated because the accused has neglected his duties due to sexual desire/ being plain dimwitted (in which case he shouldn't have played in the 1st place).
and don't underestimate judges (i don't know about CA, but i think they aren't subject to popular vote). you might not like single decisions, but compared to the US system it will rightfully result in decisions that aren't tilted by public outrage.
That mentality is an unpredictable hornets nest. You don't want to rely on judicial activists because that destabilized the rule of law. Judges shouldn't be harsh or lenient outside of the law and enabling them to have sway just enables the shift in political winds to end badly.
Again I appreciate that he was responsible for someone's death but there are max and mins for a reason and our impassioned reason for throwing the book at his is exactly what needs to stay OUT of the legal system.
Also , US courts sick but it ain't like xenophobia and other regressive measures don't plague other countries.
judges MUST be impartial.activist judges should never be allowed.it lets them put their own personal spin on the law.we have too many in power now here in the states and it has turned our judical system upside down and is destroying our counry.