this post was submitted on 12 Dec 2024
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chapotraphouse

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[–] Justice@lemmygrad.ml 18 points 1 week ago (1 children)

Wait I've been busy... they only charged him with second degree? Not first? That seems kinda hilariously cowardly by NYC. Surely they aren't scared a jury won't convict for first degree?

[–] Justice@lemmygrad.ml 10 points 1 week ago

I looked up why they don't charge for first degree. It seems odd, but I assume Forbes isn't just making it up

WHY WASN’T MANGIONE CHARGED WITH FIRST DEGREE MURDER?

Mangione was charged with second degree murder—despite allegedly straightforwardly shooting Thompson—because New York’s first degree murder law only applies in specific instances, none of which would apply here. The first degree murder law applies in cases where the victim is someone specific like a police officer, peace officer, first responder or state correctional facility employee, or in cases like killing someone as part of an act of terrorism or killing a witness to a crime to prevent their testimony. The first degree murder charge would also apply in cases of “contract killers” who enter into agreements to commit the crime in exchange for money or something else of value.

Basically it's gotta be like almost a murder against the intuitions of the state to get first degree. I am kinda surprised they aren't pushing for calling him a terrorist though.

Also the charges for the gun stuff are absolutely insane (the YEARS of prison as punishment is what I mean. Not like oh anyone should just have suppressed handguns all the time). I'm relatively certain the gun he used is legal except the suppressor. I haven't looked into Gun Law ™️ in a long time though. But people used to jerk off about making their own AR15s at home which was (is?) fully legal. It might be different for handguns... although one would be correct to ask "so making a smaller caliber, shittier gun is illegal but a higher caliber, higher capacity to kill weapon like a rifle is fine???" Welcome to 'murica. Here's your gun. Aaaannnnd you committed a crime. Oops! Such a stupid country