Welcome! Log In Create A New Profile

Advanced

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

tonyde1341July 09, 2019 08:34AM

  Alcohol & Lipitor = Sexual Assault???

SunTzu_vs_Camus206July 09, 2019 09:52AM

  A physician's view

NewMexicoRam183July 09, 2019 02:58PM

  Re: A physician's view

PHDram118July 09, 2019 06:40PM

  Of course

NewMexicoRam98July 09, 2019 06:55PM

  Re: Of course

JamesJM60July 09, 2019 06:57PM

  Did this come up in your search?

PHDram75July 09, 2019 07:33PM

  My bet is defense comes with mri and ct scans

stlramz61July 09, 2019 08:06PM

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

ramBRO52July 09, 2019 08:48PM

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

zn57July 09, 2019 10:22PM

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

stlramz37July 10, 2019 10:20AM

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

PHDram30July 10, 2019 11:09AM

  I take atorvastatin (lipitor) and drink alcohol

waterfield44July 12, 2019 07:04AM

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

Arkansas Ram15July 12, 2019 07:24AM

  That's not a sudden onset sort of problem.

NewMexicoRam43July 10, 2019 08:50AM

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

PHDram37July 10, 2019 08:55AM

  agreed.

SunTzu_vs_Camus36July 10, 2019 03:02AM

  Re: Update on Rath trail Attachments

LMU93157July 09, 2019 10:49AM

  So is the defense admitting that this actually happened?

RockRam116July 09, 2019 11:32AM

  not really

PHDram95July 09, 2019 12:09PM

  Re: not really

zn78July 09, 2019 12:19PM

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

ABQRam73July 09, 2019 12:19PM

  its not just alcohol

PHDram71July 09, 2019 12:32PM

  Re: its not just alcohol

ABQRam58July 09, 2019 01:24PM

  Well again

PHDram55July 09, 2019 02:34PM

  Criminal intent

waterfield37July 12, 2019 08:52AM

  Re: Criminal intent

zn29July 12, 2019 09:31AM

  Re: Criminal intent

snowman32July 12, 2019 10:51AM

  the difference between alcohol and medication

PHDram29July 12, 2019 11:32AM

  Re: the difference between alcohol and medication

zn31July 12, 2019 11:39AM

  Re: the difference between alcohol and medication

PHDram21July 12, 2019 12:26PM

  Re: the difference between alcohol and medication

zn20July 12, 2019 01:06PM

  Atorvastatin for an illness?

waterfield18July 12, 2019 02:56PM

  Re: Criminal intent-general v specific

waterfield23July 12, 2019 11:44AM

  Re: Criminal intent-general v specific

zn19July 12, 2019 11:50AM

  Re: Criminal intent and the "twinkie" case

waterfield33July 12, 2019 11:08AM

  Re: Criminal intent and the "twinkie" case

zn27July 12, 2019 11:45AM

  Re: Criminal intent and the "twinkie" case

waterfield29July 12, 2019 12:01PM

  gotcha ... very clearly stated (nm)

zn12July 12, 2019 12:15PM

  Sounds like a slingers party.....

Rampage2K-138July 09, 2019 12:17PM

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

zn113July 09, 2019 12:22PM

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

Rampage2K-98July 09, 2019 01:54PM

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

zn95July 09, 2019 02:00PM

  Re: Update on Rath trail

tonyde96July 09, 2019 02:20PM

  Rath Accuser Testifies In Court

ramBRO196July 09, 2019 06:21PM

  Re: Rath Accuser Testifies In Court

moklerman152July 09, 2019 07:15PM

  Just my option......if true....

Arkansas Ram148July 10, 2019 05:41AM

  Re: Just my option......if true....

PHDram135July 10, 2019 06:06AM

  Rath Takes The Witness Stand

ramBRO176July 11, 2019 03:39PM

  Just saw a not guilty verdict.

cool_hand_luke138July 12, 2019 03:02PM

  Re: Just saw a not guilty verdict.

zn138July 12, 2019 03:10PM

  Re: Just saw a not guilty verdict.

Ekern55128July 12, 2019 03:15PM

  Re: Just saw a not guilty verdict.

RamBill129July 12, 2019 03:19PM

  Rams assistant found not guilty of sexual battery

RamBill119July 12, 2019 07:55PM

  Deliberated an hour.......

Rampage2K-119July 12, 2019 08:53PM

  True

stlramz125July 12, 2019 09:09PM

  Re: Update on Rath trail

NorCalRamFan115July 15, 2019 01:16AM

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

RinconRam62July 23, 2019 07:12AM

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

tonyde88July 23, 2019 12:04PM

  Re: Update on Rath trail

tonyde112July 23, 2019 02:28PM

  Re: Update on Rath trail

Classicalwit79July 24, 2019 04:06AM

  Re: Update on Rath trail

Rams4356July 24, 2019 05:53AM

  Re: Update on Rath trail

RinconRam64July 24, 2019 07:22AM

  Re: Update on Rath trail

SoCalRAMatic60July 24, 2019 07:47AM

  Re: Update on Rath trail

zn67July 24, 2019 08:48AM

  Re: Update on Rath trail

bigjimram2143July 24, 2019 10:41AM