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Re: Criminal intent and the "twinkie" case

July 12, 2019 11:45AM
Quote
waterfield
Well-I'm not sure of what Rath allegedly did. If he is alleged to have fondled the woman its impossible to imagine he had no control over his actions because he was under the influence of something.

You recall the so-called twinkie defense in the murder of San Francisco mayor George Moscone and Supervisor Harvey Milk by Dan White. In actuality the consumption of sugar based twinkies was not uses as a defense to the murders but as a sign of White's depression and thus he had a diminished capacity to form the intent to murder-much like mentally disabled killer. He eventually was convicted of manslaughter and not murder 1 or 2-quite a victory for White. Precisely because of that case the law has tightened around these so called "defenses" based on diminished capacity.

[www.bing.com]

The twinkie defense turned on exonerating a guy by allowing the jury enough manufactured reasonable doubt to appease their own homophobic views.

And yes it became manslaughter where intent is not the same kind of issue it is with murder.

BUT with Rath, there is no lesser degree of crime here--or as I understand it, there is no lesser degree of crime here like the difference between murder 1 and 2 and manslaughter.

His intent is everything in this case. Intent is everything in the written law on this. And if they can get in some reasonable doubt level questions into what his intent was, that's going to be their defense.

Now whether it will work or what I think of it are different issues. I am just trying to describe what I take to be the logic of his defense.

...



Edited 1 time(s). Last edit at 07/12/2019 11:45AM by zn.
SubjectAuthorViewsPosted

  Update on Rath trail

tonyde1435July 09, 2019 08:34AM

  Alcohol & Lipitor = Sexual Assault???

SunTzu_vs_Camus281July 09, 2019 09:52AM

  A physician's view

NewMexicoRam250July 09, 2019 02:58PM

  Re: A physician's view

PHDram184July 09, 2019 06:40PM

  Of course

NewMexicoRam167July 09, 2019 06:55PM

  Re: Of course

JamesJM129July 09, 2019 06:57PM

  Did this come up in your search?

PHDram139July 09, 2019 07:33PM

  My bet is defense comes with mri and ct scans

stlramz133July 09, 2019 08:06PM

  Re: My bet is defense comes with mri and ct scans

ramBRO93July 09, 2019 08:48PM

  Re: My bet is defense comes with mri and ct scans

zn104July 09, 2019 10:22PM

  Re: My bet is defense comes with mri and ct scans

stlramz79July 10, 2019 10:20AM

  Re: My bet is defense comes with mri and ct scans

PHDram85July 10, 2019 11:09AM

  I take atorvastatin (lipitor) and drink alcohol

waterfield105July 12, 2019 07:04AM

  LOL...best one of the day yet.........nm

Arkansas Ram72July 12, 2019 07:24AM

  That's not a sudden onset sort of problem.

NewMexicoRam89July 10, 2019 08:50AM

  Re: That's not a sudden onset sort of problem.

PHDram72July 10, 2019 08:55AM

  agreed.

SunTzu_vs_Camus78July 10, 2019 03:02AM

  Re: Update on Rath trail Attachments

LMU93250July 09, 2019 10:49AM

  So is the defense admitting that this actually happened?

RockRam193July 09, 2019 11:32AM

  not really

PHDram166July 09, 2019 12:09PM

  Re: not really

zn141July 09, 2019 12:19PM

  Re: So is the defense admitting that this actually happened?

ABQRam153July 09, 2019 12:19PM

  its not just alcohol

PHDram140July 09, 2019 12:32PM

  Re: its not just alcohol

ABQRam98July 09, 2019 01:24PM

  Well again

PHDram98July 09, 2019 02:34PM

  Criminal intent

waterfield73July 12, 2019 08:52AM

  Re: Criminal intent

zn68July 12, 2019 09:31AM

  Re: Criminal intent

snowman80July 12, 2019 10:51AM

  the difference between alcohol and medication

PHDram66July 12, 2019 11:32AM

  Re: the difference between alcohol and medication

zn80July 12, 2019 11:39AM

  Re: the difference between alcohol and medication

PHDram64July 12, 2019 12:26PM

  Re: the difference between alcohol and medication

zn56July 12, 2019 01:06PM

  Atorvastatin for an illness?

waterfield59July 12, 2019 02:56PM

  Re: Criminal intent-general v specific

waterfield64July 12, 2019 11:44AM

  Re: Criminal intent-general v specific

zn60July 12, 2019 11:50AM

  Re: Criminal intent and the "twinkie" case

waterfield72July 12, 2019 11:08AM

  Re: Criminal intent and the "twinkie" case

zn64July 12, 2019 11:45AM

  Re: Criminal intent and the "twinkie" case

waterfield75July 12, 2019 12:01PM

  gotcha ... very clearly stated (nm)

zn73July 12, 2019 12:15PM

  Sounds like a slingers party.....

Rampage2K-224July 09, 2019 12:17PM

  Re: Sounds like a slingers party.....

zn178July 09, 2019 12:22PM

  Re: Sounds like a slingers party.....

Rampage2K-162July 09, 2019 01:54PM

  Re: Sounds like a slingers party.....

zn160July 09, 2019 02:00PM

  Re: Update on Rath trail

tonyde160July 09, 2019 02:20PM

  Rath Accuser Testifies In Court

ramBRO351July 09, 2019 06:21PM

  Re: Rath Accuser Testifies In Court

moklerman229July 09, 2019 07:15PM

  Just my option......if true....

Arkansas Ram213July 10, 2019 05:41AM

  Re: Just my option......if true....

PHDram204July 10, 2019 06:06AM

  Rath Takes The Witness Stand

ramBRO251July 11, 2019 03:39PM

  Just saw a not guilty verdict.

cool_hand_luke270July 12, 2019 03:02PM

  Re: Just saw a not guilty verdict.

zn265July 12, 2019 03:10PM

  Re: Just saw a not guilty verdict.

Ekern55264July 12, 2019 03:15PM

  Re: Just saw a not guilty verdict.

RamBill277July 12, 2019 03:19PM

  Rams assistant found not guilty of sexual battery

RamBill242July 12, 2019 07:55PM

  Deliberated an hour.......

Rampage2K-260July 12, 2019 08:53PM

  True

stlramz252July 12, 2019 09:09PM

  Re: Update on Rath trail

NorCalRamFan181July 15, 2019 01:16AM

  OK - So is he going to be back at training camp this week? (nm)

RinconRam125July 23, 2019 07:12AM

  Re: OK - So is he going to be back at training camp this week? (nm)

tonyde171July 23, 2019 12:04PM

  Re: Update on Rath trail

tonyde196July 23, 2019 02:28PM

  Re: Update on Rath trail

Classicalwit146July 24, 2019 04:06AM

  Re: Update on Rath trail

Rams43116July 24, 2019 05:53AM

  Re: Update on Rath trail

RinconRam248July 24, 2019 07:22AM

  Re: Update on Rath trail

SoCalRAMatic136July 24, 2019 07:47AM

  Re: Update on Rath trail

zn131July 24, 2019 08:48AM

  Re: Update on Rath trail

bigjimram2195July 24, 2019 10:41AM