Tuesday, April 9, 2013
Native American
manslaughter Even though religion changed the faced, and for arguments sake, let
us feels a sense of remorse. However, killing an individual is nothing short of
ending a person’s life abruptly. Playing God with the fates and choosing when an
individual lives’ and dies is not a game. The Native American in question
decided to take a life, he believed it to be a “Wendi go,” that does not give
the right to commit the act of murder. The Native American in question did
commit the act of murder! However, he has leeway, because he could have taken
the life on one’s property giving justification to “self-defense.” More
circumstantial evidence should be brought up on behalf of the defendant. The
prosecution has a clear-cut way to move forward with establishing a case based
upon negligence. Even though the defense is going to have a case clearly based
upon the theological aspects, one must argue the fact; that were there any type
of opiates taken prior to the killing of the individual. Opium related drugs are
sometimes used in Native American rituals and it could have changed this
individual's means of perspective. These are factors one takes into
consideration when prosecuting an individual on a "capital," offense.
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Anthony, you are rather unclear, especially at the beginning. Arguing for the prosecution, you don’t have to argue for murder since the charge is manslaughter. The defendant’s viewpoint is not necessarily a matter of theology, but a cultural issue. Now if the defendant claims self-defense, what do you hold against it as prosecutor? The defense can claim that in the defendant’s mind he neither intended nor thought that he killed a human being, but a dangerous creature. You bring up the possibility of mind altering drugs, but you don’t say what difference this would make.
ReplyDeleteA cultural issue? A cultural issue could be "bounced," of religious beliefs. But, that may not be the acceptable "norm," as applied to law. The ability to comprehend basic moral laws and ethic codes applies to this case. Mind altering drugs effect one's mind to allow the making of clear rational based decisions.
ReplyDeleteI am Anthony K. Moffett also (silvermane2) in this thread I think the account made me two profiles, I am making comments to prior threads.
ReplyDelete