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| View Poll Results: What do you think of this case? | |||
| I'm a guy, and I think she should be tried as an adult. |
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47 | 43.52% |
| I'm a girl, and I think she should be tried as an adult. |
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7 | 6.48% |
| I'm a guy, and I think she should be tried as a juvenile. |
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34 | 31.48% |
| I'm a girl, and I think she should be tried as a juvenile. |
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2 | 1.85% |
| I'm a guy, and I think this is just sad. |
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14 | 12.96% |
| I'm a girl, and I think this is just sad. |
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4 | 3.70% |
| Voters: 108. You may not vote on this poll | |||
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#26 | |
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DVD Talk Special Edition
Join Date: May 2004
Location: Mastic, NY
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#27 | |
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DVD Talk Hero
Join Date: Apr 1999
Location: TORRANCE, CA
Posts: 48,303
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Quote:
Cute= lostsa sympathy Not so cute = Moderate sympathy Ugly = no sympathy whatsoever
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XBOX Gamertag: Giantrobo On my 4th 360 as of 3.26.10 |
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#28 | |
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DVD Talk Legend
Join Date: Apr 2002
Location: San Diego, CA
Posts: 12,564
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Minority = Execute her
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DVDSpot, RIP |
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#29 | |
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DVD Talk Hero
Join Date: Apr 1999
Location: TORRANCE, CA
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XBOX Gamertag: Giantrobo On my 4th 360 as of 3.26.10 |
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#30 | |
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Senior Member
Join Date: Aug 2002
Location: Sacramento, CA
Posts: 851
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Quote:
Putting inside a toilet tank is a whole other issue.. At best one could say she was under distress from having the kid, so not in a right state of mind but then again it's not like that kid just "showed" up out of the blue. She had many months to plan what to do when the day came, many, many, many months. She knew she was knocked up and it takes all of a few seconds at a cpu or one phone call to find out that NJ has a Safe Haven infant law. As in show up, hand over the new born baby, walk away. So she murdered that baby, maybe not 1st degree but that up to the court to decide.. juvenile court of course being she only 14.. |
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#31 |
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Join Date: Aug 1999
Location: Pacific NW
Posts: 79,182
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So do some people believe murder only occurs if it is premeditated?
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Of all tyrannies a tyranny sincerely exercised for the good of its victim may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis |
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#32 | |
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DVD Talk Special Edition
Join Date: May 2004
Location: Mastic, NY
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Quote:
Of course, the real question at hand has nothing to do with murder, but rather a criminal homicide of any kind. As DeadLamb rightly points out, if you believe the girl's actions were criminal, then it is certainly no leap to believe that her actions were premeditated in the short term. It is my belief, however, that barring any additional information, it is very difficult to reach the conclusion that a 14 year old girl acted criminally in this situation. We do not know the circumstances of her pregnancy. Was she raped? Under the law, it is almost certain she was. Did she have any prenatal care or counseling? Was she hiding the pregnancy from her parents and teachers? Was she enrolled in and attending school? How anyone can condemn this girl without knowing the answers to those questions is puzzling and troubling.
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#33 |
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DVD Talk Platinum Edition
Join Date: Aug 2002
Posts: 3,033
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I have zero doubt it is criminal. She did kill someone. I however, think this comes down to a matter of locking her away for good and giving up on her. Or figuring that this is still a child, who acted like a child and trying to maybe get her through this and figure out where and what went wrong.
That's what it comes down to, in my opinion.
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#34 | |
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Senior Member
Join Date: Feb 2007
Location: Ohio
Posts: 693
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Quote:
She was alone in a stinky, New Jersey fairground bathroom - scared, deatched, divorced from reality. A 14 year old girl freaking out because her baby, most likely a product of rape, decides to start his or her own life while her friends go around on the carousel eating cotton candy. She saw the baby moving as it came out - maybe she even placed it in the tank because it started to cry. It couldn't possibly be premeditated - she obviously didn't take the time to think about what she was going to do. I mean, months do fly by. The bottom line is that none of us have any damn idea what she was thinking during pregnancy, during birth, and especially when she opened that lid with both hands, picked up her breathing baby, watched her baby sink into the rusty water of the toilet tank, closed the lid and walked away. I'm a bit reluctant to call her a cold hearted murder but I'm just as, if not more, reluctant to call her a poor, sweet child that was forced to make a very hard decision all alone and, OOPS!, she made the wrong choice! Her parents may have failed her, her school may have failed her, her friends may have failed her, her boyfriend may have failed her, her bus driver may have raped her....but it was only her hands and her decision that caused her baby's death. Let's put this in very simple terms: BABY = ALIVE BABY + GIRL = TORTURED BABY DEATH GIRL = ? |
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#35 | |
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DVD Talk Hero
Join Date: Apr 1999
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XBOX Gamertag: Giantrobo On my 4th 360 as of 3.26.10 |
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#36 | |
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Senior Member
Join Date: Apr 2005
Location: Cape Cod
Posts: 469
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#37 | |
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DVD Talk God
Join Date: Feb 2000
Location: Directionally Challenged (for DirecTV)
Posts: 104,503
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No. It is generally one element of 1st degree murder. There are insufficient facts here for me to render an opinion. I would need to know more.
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#38 |
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Join Date: Apr 1999
Location: somewhere shopping
Posts: 21,750
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To the people that voted it is "just sad", do you think that there should be no trial?
It is heartbreakingly sad, and I feel for her, but a crime (murder) was committed. We can't ignore that no matter how tragic the circumstances.
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#39 |
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DVD Talk Hero
Join Date: Jan 2002
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Ehh, somebody else mentioned this...so I'll delete what I posted.
The age of the person and their mental state will be the determining factors of this crime. But overall, when we use the term murder, both outside and inside the legal realms, premeditation is at the forefront of the word. At least when I use it, and many others I suspect.
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#40 |
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Second-degree murder is not premeditated.
And somebody get rid of that damn "Frontier" ad on the forum! |
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#41 |
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DVD Talk Hero
Join Date: Jan 2002
Location: Overpricedville, OR
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I never said 2nd Degree Murder had premeditation.
Having a LACK of premeditation means it was still a factor. Hence, the 2nd Degree realm. ![]() Premeditation is a vital part of the crime of homicide. The lack of it, is just as necessary for the determination of that crime. The mental state is what we're talking about here. Mens rea.
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#42 |
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DVD Talk Platinum Edition
Join Date: Jun 2000
Location: Upright, in a cool, dry place
Posts: 3,391
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Where's the twikoff option?
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#43 | |
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DVD Talk Hero
Join Date: Oct 2002
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Posts: 33,366
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*hands over Man card* |
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#44 |
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DVD Talk Limited Edition
Join Date: Oct 2001
Location: San Diego, CA
Posts: 7,315
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Murder is an adult crime. She should be tried as an adult. Or a-dolt.
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#45 |
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DVD Talk Hall of Fame
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Omg, there's like a whole 13 women on this board (who voted at least)
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#46 |
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DVD Talk Hero
Join Date: Jan 2002
Location: Overpricedville, OR
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Can you blame them?
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#47 | |
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Quote:
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#48 | |
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DVD Talk Special Edition
Join Date: May 2004
Location: Mastic, NY
Posts: 1,816
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Quote:
That being said, I think I (and perhaps others) are colloquially conflating "premeditated" with "intentional." As they relate to my original point, either is applicable. With the facts in question, it is not possible to ascertain whether her actions were intentional.
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#49 |
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DVD Talk Hall of Fame
Join Date: Aug 2003
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She's still too young to be tried as an adult IMO.
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