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Joined 2 years ago
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Cake day: July 9th, 2023

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  • To clarify, murder can be prosecuted at either a state or federal level.

    First, from a state perspective, we are definitely dealing with a first degree murder charge. That would meet the requirements of willfull, deliberate, and premeditated murder. They will also likely be aiming for a finding of express malice, meaning they want to prove he had the frame of mind that he wanted to cause the harm as the primary end point, not just as a secondary part of doing something else like robbery or rape.

    With regards to a federal charge, I will include the appropriate code.

    18 U.S. Code § 1111 – Murder

    (a)Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

    Any other murder is murder in the second degree.>

    So from a federal perspective the same basic stuff applies. Did he do the act? Was it committed with express intent? If so, first degree. If not, second degree.

    Under normal circumstances I do it believe this would merit a federal case, rather it should be a state case. Normally it is federal if it is an interstate hitman, a bank robbery, something that happened on a ship (because it is not in the land of a state), if the murder was drug related, if it was intended to influence a federal case outcome, if it was in the process of some fairly nasty child abuse cases, or if the person targeted was a federal officer or judge. As far as I can tell none of the above hold.

    So one of the most important things here is that in both cases the prosecution has to show, with untainted and admissible evidence, the express intention to kill the CEO. This means if that evidence, his supposed manifesto, is not admissible due to failure to obtain a warrant, appropriate procedure for the execution of the search, and maintaining the chain of custody of the evidence, then it may not be admissible. He could completely skate on the first degree charges based purely on their incompetence at doing the search legally.

    A second question is whether his initial arrest was valid. If they failed to maintain correct process in the actual arrest, failed to read his rights etc, failed to give him access to a lawyer on his request, that could taint the whole arrest.

    The lawyer has already raised numerous issues with his arrest and the conduct after it. The leaking of the “manifesto” may have tainted the jury pool. The jokeresque pictures of Luigi in chains with 30 cops behind him may also have tainted the pool. The sheer amount of coverage may preclude an unbiased jury pool. Not to mention that the odds of finding 12 jurors plus however many alternates who have not been impacted by the USAs dismal healthcare system are pretty freaking slim. It could be a mistrial just from that.

    This is a major clusterfuck from start to finish for the police and prosecutors. Nobody did this right, they took shortcuts and got carried away, and the media attention was so intense it could all just fall apart.


  • It is called Planck’s principle, so we are stealing from Max Planck.

    A new scientific truth does not triumph by convincing its opponents and making them see the light, but rather because its opponents eventually die and a new generation grows up that is familiar with it ...
    
    An important scientific innovation rarely makes its way by gradually winning over and converting its opponents: it rarely happens that Saul becomes Paul. What does happen is that its opponents gradually die out, and that the growing generation is familiarized with the ideas from the beginning: another instance of the fact that the future lies with the youth.
    — Max Planck, Scientific autobiography, 1950, p. 33, 97
    

    Cool phrasing from him, lots of people have enjoyed it since, and honestly from my exposure to the field it is accurate. The push back against plate technonics was hard, as was the clinging to steady state cosmology. Oh, and miasma as a model of disease. We really are just slightly smart monkeys.






  • I think the mistake we make is thinking that people are better than they are. I probably have some hidden bigotry that I am unaware of right now but given a space to be exposed to it someone would notice and point it out. If you only know of someone from one thing they did you can form an opinion of them based on very limited information. Get to know them better and you find that hidden awful. Twitter is a tool of constant broad interaction and it preserves bad takes long enough to see them. Add a culture of never admiting to being wrong and filtering by who you agree with and you have a cycle of awful that turns perfectly boringly not great but OK people into monsters defending genocide. Maybe we shouldn’t know anything about the author, replace their name with a serial number or pseudonym and let the art stand on it’s own. Though the racist jewish, wait no goblin, bankers was fairly intense tbh.