cross-posted from: https://lemm.ee/post/50439521
cross-posted from: https://lemmy.dbzer0.com/post/33851469
The state of New York is about to get a firsthand lesson in the Streisand Effect. They should have just charged him the same charge any normal killer would get - Second Degree Murder, which is the normal charge for premeditated murder in NY. First degree requires rare special circumstances, and the prosecutor chose to use a dubious “terrorism” modifier to up the charge to Murder 1. They just couldn’t help themselves, and they shot themselves in the foot.
The advantage to the prosecution to a simple Murder 2 charge is that motive really doesn’t matter much. They just have to prove that Luigi pulled the trigger. But with the terrorism modifier, the trial will no devolve into lengthy discussions about his motives and message. Not only have they now given him the world’s largest soapbox, but this will also give the defense an opportunity to make him much more sympathetic to the jury. With only a Murder 2 charge, the defense lawyer would have had to fight hard to sneak subtle hints into trial about Luigi’s motives. Now his motives will be a core part of the prosecution’s case.
With a simple Murder 2 trial, even jurors who thought Thompson got what he deserved could vote to convict based simply on the letter of the law. Luigi killed an evil man, but he still has to face the consequences like any other criminal. Now the jury will clearly see that the system isn’t treating him like any other criminal. The prosecutors, through their own actions, are making Luigi’s case for him - the justice system is completely rigged in favor of the rich and powerful, and the only way they can ever be held accountable is through violence.
All it takes is one juror of twelve to look around at the situation and say, “this is bullshit. I’m not going to convict.” Sure, they can try him again with a new jury if he’s not found unanimously not-guilty, but that jury will have an even greater risk of jury nullification. The longer this goes on, the more likely the prosecutor just has to offer him some sweetheart plea deal just to get him convicted of something. And each trial just elevates Mangione that much closer to literal Sainthood in the popular imagination.
Yeah, first degree requires a deep look into the motives, which is really good for him.
Here’s some legal analysis by legal eagle https://youtu.be/vXkH-G_8xew
Except in every step things can develop the ways you haven’t thought about.
And courtroom shows are kinda common enough in movies and even in reality. People will have strong feelings, but this doesn’t seem a major thing for many.
So - too much copium. I hope you are right and I am wrong, of course.
My personal tinfoil hat is that they are seeking the death penalty so he accepts a deal. They are scared of jury nullification.
That isn’t tinfoil-hat at all. I was reading a news story recently about how worried they are that they’ll have trouble finding impartial jurors, since there’s so much sympathy for him.
How exactly does this work? How do they determine someone to be impartial? If they weed out people for having sympathy but keep people who don’t, aren’t they making that jury partial to finding him guilty?
The jury is supposed to be unbiased, i.e. not favoring one side or the other. Obviously, it’s impossible to get a jury that’s completely impartial, especially in a case that’s as high-profile as this one, but they have to try.
They ask the jurors questions and then each side has the opportunity to remove ones that they deem problematic.
The comparison is definitely stupid because this guy planned the whole thing! Its not like he accidentally started a rebellion in an accidentally treasonous way while trying to steal the office of a high government official. Everyone knows the punishment for that is …another 4 years of government.
I might be confused by your comment and not understanding it properly so excuse me if I’m just not understanding right.
Are you saying that all the school shooters in America did not actively plan to kill all of those children and/or teenagers?
School shooters took a gun to a school and started open firing on children who were no threat and never even had a chance to grow up and hurt anyone.
This guy planned it out, killing one adult who was responsible for the deaths of a lot of fellow Americans while he got richer and richer from their suffering and deaths.
I believe the term you are looking for is a type of ruzzian chasm. A casm from the czar himself. Some would come to call it czarcasm but it wouldn’t be until 1927 when a group of Mexican explorers traveling past the Rio grand to visit their cousins in California… Nevermind the story, I was being sarcastic.
“because their lives don’t matter as much as CEOs”
This is the defining moment. This is our future
I do believe it would be a tactical error on their part to give him the death penalty… make a real martyr
Yeah, killing him seems like the best way to get riots all over the country…
Hahaha yah right. If they kill him there we’ll be massive bitching online and that’s about it.
