Legal question.

[Stas]

I was wondering if a person would be treated differently in the court of law considering these two scenarios:
- A guy is walking down the street with a baseball bat. He notices someone is "looking at him funny." So he walks up to the person and beat the sh*t out of that person.
- A guy comes home from work and sees his 17 y.o. girlfriend crying. After a short conversation, he finds out that someone at her work attempted to rape her. Luckily she got away with only mental damage. In rage, the guy grabs a baseball bat and goes on the search of the scumbag. Once found, that piece of sh*t is severely beaten.

What would be the consequences for the attacker in the 2nd scenario compared to the 1st?
Disregard race and ethnicity.

 

[jlee]

Consequences will vary depending on the court/state/etc.

Your first scenario would (most likely) have a more severe penalty.

 

[NuroMancer]

Originally posted by: Stas
I was wondering if a person would be treated differently in the court of law considering these two scenarios:
- A guy is walking down the street with a baseball bat. He notices someone is "looking at him funny." So he walks up to the person and beat the sh*t out of that person.
- A guy comes home from work and sees his 17 y.o. girlfriend crying. After a short conversation, he finds out that someone at her work attempted to rape her. Luckily she got away with only mental damage. In rage, the guy grabs a baseball bad and goes on the search of the scumbag. Once found, that piece of sh*t is severely beaten.

What would be the consequences for the attacker in the 2nd scenario compared to the 1st?
Disregard race and ethnicity.

I would think that the first senario would get the longer penalty and probally a Physc eval.

 

[OdiN]

Yeah the second one is more likely to get some sort of temporary insanity thing.

 

[videogames101]

First guy would get the insanity plea, second guy would get convicted, but it would probably be near minimum penalty

 

[Stas]

Let's add some spice to this:
The guy guilty of attemted rape is 40+ y.o, mexican and knows about 10 english words (despite the fact that he's been here for 5+ years). The girl, as already mentioned, is a 17 y.o. U.S. citizen (white).

 

[TheNinja]

Depends how well person #2 knew the girl and how much time passed between the time the guy found out about it and when he actually found the guy. If he found the guy in the next room it's sort of a crime of passion and rage. If it takes him 2 days to track the guy down then it's different b/c he had time to think about his actions. The guy in #1 is just a whack job and would get a bad sentence too.

 

[Turin39789]

dude if that happened, it's best to just call the cops and not post hypotheticals about it on atot.

 

[ggnl]

hooray for thinly veiled racism!

 

[mugs]

Originally posted by: Stas
Let's add some spice to this:
The guy guilty of attemted rape is 40+ y.o, mexican and knows about 10 english words (despite the fact that he's been here for 5+ years). The girl, as already mentioned, is a 17 y.o. U.S. citizen (white).

That only matters if you get racist or xenophobic jurors.

 

[jagec]

Originally posted by: Stas
Let's add some spice to this:
The guy guilty of attemted rape is 40+ y.o, mexican and knows about 10 english words (despite the fact that he's been here for 5+ years). The girl, as already mentioned, is a 17 y.o. U.S. citizen (white).

Obviously you know more than 10 english words...

 

[Stas]

Originally posted by: mugs

Originally posted by: Stas
Let's add some spice to this:
The guy guilty of attemted rape is 40+ y.o, mexican and knows about 10 english words (despite the fact that he's been here for 5+ years). The girl, as already mentioned, is a 17 y.o. U.S. citizen (white).

That only matters if you get racist or xenophobic jurors.

Unfortunately, that is not rare.

 

[LTC8K6]

The crying girl made the story up, and the guy beat the crap out of an innocent man...

 

[Stas]

Originally posted by: ggnl
hooray for thinly veiled racism!

Depends on your views...

 

[Beev]

I get the feeling that this thread is about a real event somehow related to the OP

 

[Turin39789]

Now we know what all the Drama was about

 

[Stas]

Originally posted by: jagec

Originally posted by: Stas
Let's add some spice to this:
The guy guilty of attemted rape is 40+ y.o, mexican and knows about 10 english words (despite the fact that he's been here for 5+ years). The girl, as already mentioned, is a 17 y.o. U.S. citizen (white).

Obviously you know more than 10 english words...

Damn it, you got me figured out lol

 

[Wheezer]

The second guy would get and should get the more severe penalty. He maybe enraged at what his gf told him and it very well maybe true (or maybe she is whoring around and just found out she is preggers)...but in the time it takes him to find the bat at his house, get into his car, drive around and locate person he has had time to cool his jets and think rationally.

If he chooses to go through with the beating, it now becomes a pre-meditated action which he had control over and could have handled differently.

He should have the book thrown at him.

 

[Stas]

Originally posted by: Wheezer
The second guy would get and should get the more severe penalty. He maybe enraged at what his gf told him and it very well maybe true (or maybe she is whoring around and just found out she is preggers)...but in the time it takes him to find the bat at his house, get into his car, drive around and locate person he has had time to cool his jets and think rationally.

If he chooses to go through with the beating, it now becomes a pre-meditated action which he had control over and could have handled differently.

He should have the book thrown at him.

Let's take this into consideration: the girls IS NOT raped, there was only an attempt. And what she says is exactly what happened.

But so far I'm getting an idea.

 

[bluestrobe]

Attempted rape is still sexual assault. The problem with that road is the proof. Taking matters into your own hands only makes the situation worse for everyone. File a police report and let them do their job. Maybe the guy has done it in the past or he has some other weird situations surrounding him.

 

[Beev]

Originally posted by: Turin39789
Now we know what all the Drama was about

What? That was my thread. This isn't my thread...

 

[Stas]

Originally posted by: bluestrobe
Attempted rape is still sexual assault. The problem with that road is the proof. Taking matters into your own hands only makes the situation worse for everyone. File a police report and let them do their job. Maybe the guy has done it in the past or he has some other weird situations surrounding him.

Indeed, the best solution. I was just wondering anyway.

 

[ggnl]

Originally posted by: Stas

Originally posted by: ggnl
hooray for thinly veiled racism!

Depends on your views...

My views? You're the one implying that it's somehow more acceptable to beat a man because he's of Mexican descent and doesn't speak English...

What the guy (allegedly) did was wrong, but his race has nothing to do with it. So why even bring it up?

 

[Stas]

Originally posted by: ggnl

Originally posted by: Stas

Originally posted by: ggnl
hooray for thinly veiled racism!

Depends on your views...

My views? You're the one implying that it's somehow more acceptable to beat a man because he's of Mexican descent and doesn't speak English...

What the guy (allegedly) did was wrong, but his race has nothing to do with it. So why even bring it up?

It's your interpretation. No matter how fiercely you going to accuse me of something, it will not make me say something I don't mean to say. And read all the posts please, I already said why I added more details.

 

[Daishiki]

Originally posted by: Wheezer
The second guy would get and should get the more severe penalty. He maybe enraged at what his gf told him and it very well maybe true (or maybe she is whoring around and just found out she is preggers)...but in the time it takes him to find the bat at his house, get into his car, drive around and locate person he has had time to cool his jets and think rationally.

If he chooses to go through with the beating, it now becomes a pre-meditated action which he had control over and could have handled differently.

He should have the book thrown at him.

Yup, the premeditation will probably make the outcome of the second much worse.