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zakharov
Nov 30, 2002

:kimchi: Tater Love :kimchi:

veedubfreak posted:

I think the issue is mostly that you have to bring lawyers into a situation where your insurance should cover the issue. Lawyers and politicians both have a special place in hell.

Everyone agrees with this. The American health care system is idiotic, but this woman isn't Cruela de Vil.

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Fuzzy Mammal
Aug 15, 2001

Lipstick Apathy

How is this not attempted murder?

Marius Pontmercy
Apr 2, 2007

Liberte
Egalite
Beyonce

Fuzzy Mammal posted:

How is this not attempted murder?

There was no premeditated part of it. She saw shoplifters escaping, pulled out her gun and shot. I hope that she at least loses the ability to own or buy guns because she's clearly not good at making these decisions.

Hydrocodone
Sep 26, 2007

mind the walrus posted:

I'm very tempted to say "heat up his coffee."

https://www.youtube.com/watch?v=qnIe4mm6CTg

What are they doing, casting a fishing line at those wires?

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.

Fuzzy Mammal posted:

How is this not attempted murder?

Because that requires an attempt to kill someone. You'd need to prove intent to kill, that's not apparent here and if you charge her with that she's going to walk.

This isn't attempted murder either:

http://www.salon.com/2015/10/13/mommy_am_i_gonna_die_cop_shoots_4_year_old_after_aiming_for_family_dog_when_injured_mom_called_911_for_help/

Fuzzy Mammal
Aug 15, 2001

Lipstick Apathy

Phanatic posted:

Because that requires an attempt to kill someone. You'd need to prove intent to kill, that's not apparent here and if you charge her with that she's going to walk.

This isn't attempted murder either:

http://www.salon.com/2015/10/13/mommy_am_i_gonna_die_cop_shoots_4_year_old_after_aiming_for_family_dog_when_injured_mom_called_911_for_help/

OK I'll rephrase, what I meant to ask is how is employing a deadly weapon, that's deadly, against someone not implying intent to kill them by definition?

captainOrbital
Jan 23, 2003

Wrathchild!
💢🧒

Fuzzy Mammal posted:

How is this not attempted murder?

It's attempted manslaughter.

dpack_1
Mar 23, 2009

Let another's wounds be your warning

Phanatic posted:

Because that requires an attempt to kill someone. You'd need to prove intent to kill, that's not apparent here and if you charge her with that she's going to walk.

This isn't attempted murder either:

http://www.salon.com/2015/10/13/mommy_am_i_gonna_die_cop_shoots_4_year_old_after_aiming_for_family_dog_when_injured_mom_called_911_for_help/

I'm not one for sharing anything on Facebook really, but that story is just insane, admittedly i've not corroborated any further sources, but there's no reason to not believe this kinda poo poo happens.

I dont even understand why cops showed up when a 911 call was diverted to ambulance services, but what the gently caress, just christ.

Get your poo poo together America, you are a loving laughing stock of the rest of the civilised world.

Mogomra
Nov 5, 2005

simply having a wonderful time

dpack_1 posted:

Get your poo poo together America, you are a loving laughing stock of the rest of the civilised world.

Wow, rude.

KoRMaK
Jul 31, 2012



captainOrbital posted:

It's attempted manslaughter.

I don't think you can attempt manslaughter. Manslaughter is like, when you accidentally kill someone.

Flash Gordon Ramsay
Sep 28, 2004

Grimey Drawer

KoRMaK posted:

I don't think you can attempt manslaughter. Manslaughter is like, when you accidentally kill someone.

I remember reading I think it was a Dershowitz book that had a chapter about a guy that was forced to participate in a murder, but they were able to determine that by the time he shot the guy he was already dead. Eventually everyone agreed on the as to then unheard of charge of attempted manslaughter.

Solice Kirsk
Jun 1, 2004

.

dpack_1 posted:

I'm not one for sharing anything on Facebook really, but that story is just insane, admittedly i've not corroborated any further sources, but there's no reason to not believe this kinda poo poo happens.

I dont even understand why cops showed up when a 911 call was diverted to ambulance services, but what the gently caress, just christ.

Get your poo poo together America, you are a loving laughing stock of the rest of the civilised world.

It's spelled civilized.

captainOrbital
Jan 23, 2003

Wrathchild!
💢🧒

KoRMaK posted:

I don't think you can attempt manslaughter. Manslaughter is like, when you accidentally kill someone.

Had she hit anyone, they might have been accidentally killed. She was attempting to accidentally kill innocent bystanders.

Or bystanders, anyway.

Wanamingo
Feb 22, 2008

by FactsAreUseless

KoRMaK posted:

I don't think you can attempt manslaughter. Manslaughter is like, when you accidentally kill someone.

https://www.justia.com/criminal/docs/calcrim/500/603.html

Took me all of 30 seconds to find.

captainOrbital
Jan 23, 2003

Wrathchild!
💢🧒

That sounds like attempted murder to me, especially with the whole "the defendant attempted to kill that person" line.

I was more thinking along the lines of intentionally creating a situation in which you could accidentally cause people to die.

Solice Kirsk
Jun 1, 2004

.

captainOrbital posted:

That sounds like attempted murder to me, especially with the whole "the defendant attempted to kill that person" line.

I was more thinking along the lines of intentionally creating a situation in which you could accidentally cause people to die.

Wouldn't that just be criminal negligence? Like an unsafe parking lot that hurts some one or letting a car roll down a hill in neutral?

Wanamingo
Feb 22, 2008

by FactsAreUseless

captainOrbital posted:

That sounds like attempted murder to me, especially with the whole "the defendant attempted to kill that person" line.

I was more thinking along the lines of intentionally creating a situation in which you could accidentally cause people to die.

quote:

Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion", under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. In the Uniform Crime Reports prepared by the Federal Bureau of Investigation, it is referred to as non negligent manslaughter. Voluntary manslaughter is one of two main types of manslaughter, the other being involuntary manslaughter.

Again, not difficult to look up.

captainOrbital
Jan 23, 2003

Wrathchild!
💢🧒

Wanamingo posted:

Again, not difficult to look up.

The very page you linked indicated:

1. The defendant took at least one direct but ineffective step toward killing a person;

2. The defendant intended to kill that person;

3. The defendant attempted the killing because (he/she) was provoked;

All of those state that the defendant attempted to kill someone. Sounds like attempted murder to me. As a graphic designer AND a father...

BrianBoitano
Nov 15, 2006

this is fine



Buckle up for this one, kids. It's story time.

Meet Whitney Beall, a 23-year-old user of Periscope:


Periscope is used to livestream from your phone to the world! She's doing it tonight for some extra entertainment on her drive home.

She has a sense of humor, as she says facetiously:



And then:
"I don't think I will. I really don't, because I live on backroads?"


Some people wanted to harsh her buzz:



The story has the happiest of endings:


Watch the news report, with video snippets, here: http://www.oregonlive.com/today/index.ssf/2015/10/driver_declares_im_so_drunk_li.html

(just want to point out that the last footage is from the patrol car, as I'm sure somebody will ask "they let her keep recording??")

Wanamingo
Feb 22, 2008

by FactsAreUseless

captainOrbital posted:

The very page you linked indicated:

1. The defendant took at least one direct but ineffective step toward killing a person;

2. The defendant intended to kill that person;

3. The defendant attempted the killing because (he/she) was provoked;

All of those state that the defendant attempted to kill someone. Sounds like attempted murder to me. As a graphic designer AND a father...

The difference between murder and manslaughter is forethought and intent. If you catch your spouse cheating on you then fly into a rage and kill the two of them with your gun you always carry, then it's voluntary manslaughter. If you fly into a rage, but then leave to get your gun from the safe before returning and killing them, it's first degree murder. In the first scenario you acted without thinking, in the second one you had time to cool down and make a conscientious decision about what you wanted to do. In this specific case, it's decided because the lady was thinking "I'm going to stop the bad guy" and not "I'm going to kill him for robbing that store".

Jastiger
Oct 11, 2008

by FactsAreUseless

BrianBoitano posted:

Buckle up for this one, kids. It's story time.

Meet Whitney Beall, a 23-year-old user of Periscope:




Would.


dpack_1 posted:

I'm not one for sharing anything on Facebook really, but that story is just insane, admittedly i've not corroborated any further sources, but there's no reason to not believe this kinda poo poo happens.

I dont even understand why cops showed up when a 911 call was diverted to ambulance services, but what the gently caress, just christ.

Get your poo poo together America, you are a loving laughing stock of the rest of the civilised world.

Don't put that evil on Iowa, Ricky Bobby.

Carbon dioxide
Oct 9, 2012

Wanamingo posted:

The difference between murder and manslaughter is forethought and intent. If you catch your spouse cheating on you then fly into a rage and kill the two of them with your gun you always carry, then it's voluntary manslaughter. If you fly into a rage, but then leave to get your gun from the safe before returning and killing them, it's first degree murder. In the first scenario you acted without thinking, in the second one you had time to cool down and make a conscientious decision about what you wanted to do. In this specific case, it's decided because the lady was thinking "I'm going to stop the bad guy" and not "I'm going to kill him for robbing that store".

In my country, "attempted manslaughter" is certainly a thing people get punished for. My language's wikipedia has an example of someone throwing bricks off a bridge onto a busy highway 'for fun'. Someone doing that doesn't intend to kill anyone, but they should realize that a falling brick hitting a car could easily lead to someone dying. So if there's no intent of murder, and nobody actually dies, what is the brick thrower guilty of? Attempted manslaughter, because they did a possibly deadly thing without thinking/intent, while they should've realized it could've been deadly.

Carbon dioxide has a new favorite as of 22:55 on Oct 15, 2015

Wanamingo
Feb 22, 2008

by FactsAreUseless

Carbon dioxide posted:

In my country, "attempted manslaughter" is certainly a thing people get punished for. My language's wikipedia has an example of someone throwing bricks off a bridge onto a busy highway. People doing that don't intend to kill anyone, but they should realize that a falling brick hitting a car could easily lead to someone dying. So if there's no intent of murder, and in this case luckily nobody actually died, what is the brick thrower guilty of? Attempted manslaughter, because they did a possibly deadly thing without thinking, while they should've realized it could've been deadly.

Yep, that's pretty much how it works in America.

Though after thinking about it, the woman probably would have been guilty of second degree murder just because she wasn't directly involved in the robbery.

Wasabi the J
Jan 23, 2008

MOM WAS RIGHT

Wanamingo posted:

Yep, that's pretty much how it works in America.

Though after thinking about it, the woman probably would have been guilty of second degree murder just because she wasn't directly involved in the robbery.

Manslaughter would have a higher chance of conviction over murder, as well. Severity of the punishment can be outweighed by the likelihood of it sticking up in court.

chitoryu12
Apr 24, 2014

Apogee15 posted:

Coffee is meant to be brewed at ~200 degrees F. Most coffee is served at higher temperatures than Mcdonald's coffe, and the Specialty Coffee Association recommends improving the "packaging" rather than lowering the temperature. Mcdonalds did not change the temperature of their coffee. Lawsuits for coffee being too hot and causing burns still happen, and the vast majority of those cases are thrown out by judges before they get to a jury.


Basically it was one high profile fluke case that got awarded damages by a jury(but was in appeals when they settled out of court for less than the awarded amount). The only reason for the awarded damages was they thought there should have been more of a warning rather than the coffee being too hot.


She spilled it by squeezing it between her legs and opening the lid to add creamer/sugar.


Mcdonalds coffee is not hotter than 90C when it's served.

The cup caused third-degree burns (as in burns through the entire dermis, turning it a disgusting yellow/brown leathery color and texture and killing the nerves there so badly that no pain is even felt) across 6% of her body and lesser burns on 16%. The coffee was so hot that she couldn't wipe it off her skin in time to avoid such severe damage and she ended up with permanently disfiguring skin grafts (at a cost of $10,500), 8 days in the hospital and 3 weeks of at-home care, and spent 2 years legally disabled from the damage. If she had made the mistake of trying to drink the coffee, all of those injuries would have been internal.

So I'm actually kinda on Liebeck's side here. You probably shouldn't be giving your customers drive-thru food and beverages that will melt their flesh off on contact if spilled.

Weatherman
Jul 30, 2003

WARBLEKLONK
Hey what if someone shot at a McDonald's clerk for serving them coffee that they knew was too hot, but still wasn't hot enough to be at 4000 degrees Fahrenheit when they arrived at their office 600 miles down the road in Fuckstick, Hawaii? Would the first amendment protect them or would they have to sue the gun manufacturer?

President Ark
May 16, 2010

:iiam:

Weatherman posted:

Hey what if someone shot at a McDonald's clerk for serving them coffee that they knew was too hot, but still wasn't hot enough to be at 4000 degrees Fahrenheit when they arrived at their office 600 miles down the road in Fuckstick, Hawaii? Would the first amendment protect them or would they have to sue the gun manufacturer?

depends, are they circumcised and how do they wipe their rear end after they poo poo? :can:

Shalkore
Oct 11, 2007

Welcome to 2012!

Weatherman posted:

Hey what if someone shot at a McDonald's clerk for serving them coffee that they knew was too hot, but still wasn't hot enough to be at 4000 degrees Fahrenheit when they arrived at their office 600 miles down the road in Fuckstick, Hawaii? Would the first amendment protect them or would they have to sue the gun manufacturer?

Frankly, before we decide all that, we need to find out whether what the clerk was wearing was blue or gold.

Imagined
Feb 2, 2007

President Ark posted:

depends, are they circumcised and how do they wipe their rear end after they poo poo? :can:

That's the beauty of it, 1=0.9999999

Elohssa Gib
Aug 30, 2006

Easily Amused
And what brand of ketchup they put on their steak.

Imagined
Feb 2, 2007

Elohssa Gib posted:

And what brand of ketchup they put on their steak.

That's cooked well done.

Rockman Reserve
Oct 2, 2007

"Carbons? Purge? What are you talking about?!"

Weatherman posted:

Hey what if someone shot at a McDonald's clerk for serving them coffee that they knew was too hot, but still wasn't hot enough to be at 4000 degrees Fahrenheit when they arrived at their office 600 miles down the road in Fuckstick, Hawaii? Would the first amendment protect them or would they have to sue the gun manufacturer?

You don't commute to Hawaii by road, you take a helicopter! But who parked it on this rotating turntable??

dpack_1
Mar 23, 2009

Let another's wounds be your warning

chitoryu12 posted:

The cup caused third-degree burns (as in burns through the entire dermis, turning it a disgusting yellow/brown leathery color and texture and killing the nerves there so badly that no pain is even felt) across 6% of her body and lesser burns on 16%. The coffee was so hot that she couldn't wipe it off her skin in time to avoid such severe damage and she ended up with permanently disfiguring skin grafts (at a cost of $10,500), 8 days in the hospital and 3 weeks of at-home care, and spent 2 years legally disabled from the damage. If she had made the mistake of trying to drink the coffee, all of those injuries would have been internal.

So I'm actually kinda on Liebeck's side here. You probably shouldn't be giving your customers drive-thru food and beverages that will melt their flesh off on contact if spilled.

Probably shouldnt sell customers guns and ammo either if it's gonna penetrate skin and bone if fired accidentally in the wrong direction.

This is the right thread for these kind of derails right?

Say Nothing
Mar 5, 2013

by FactsAreUseless






zakharov
Nov 30, 2002

:kimchi: Tater Love :kimchi:
How much do you guys tip for your hot dog sandwiches?

chitoryu12
Apr 24, 2014

dpack_1 posted:

Probably shouldnt sell customers guns and ammo either if it's gonna penetrate skin and bone if fired accidentally in the wrong direction.

This is the right thread for these kind of derails right?

No.

ekuNNN
Nov 27, 2004

by Jeffrey of YOSPOS

Mogomra
Nov 5, 2005

simply having a wonderful time

zakharov posted:

How much do you guys tip for your hot dog sandwiches?

Here's a tip, get a real job! :mmmsmug:

President Ark
May 16, 2010

:iiam:

Oh my god this is incredible :tem: :vince:

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RareAcumen
Dec 28, 2012





https://www.youtube.com/watch?v=J9FImc2LOr8

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