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cross-posted from: https://lemm.ee/post/50439521
cross-posted from: https://lemmy.dbzer0.com/post/33851469
The comparison is definitely stupid because this guy planned the whole thing! Its not like he accidentally started a rebellion in an accidentally treasonous way while trying to steal the office of a high government official. Everyone knows the punishment for that is ...another 4 years of government.
My personal tinfoil hat is that they are seeking the death penalty so he accepts a deal. They are scared of jury nullification.
That isn't tinfoil-hat at all. I was reading a news story recently about how worried they are that they'll have trouble finding impartial jurors, since there's so much sympathy for him.
This is a dumb take. Since 2005 you cannot use capital punishment for minors see https://en.m.wikipedia.org/wiki/Roper_v._Simmons
Most school shooters are under 18, Luigi is 26.
Looking at this, the vast majority of them are adults: https://en.m.wikipedia.org/wiki/List_of_school_shootings_in_the_United_States_by_death_toll
The far bigger reason is that most don't survive to be prosecuted.
We're just going to ignore that school shooters are generally students and thus not treated the same as adults? Okay then.
I do believe it would be a tactical error on their part to give him the death penalty... make a real martyr
The state of New York is about to get a firsthand lesson in the Streisand Effect. They should have just charged him the same charge any normal killer would get - Second Degree Murder, which is the normal charge for premeditated murder in NY. First degree requires rare special circumstances, and the prosecutor chose to use a dubious "terrorism" modifier to up the charge to Murder 1. They just couldn't help themselves, and they shot themselves in the foot.
The advantage to the prosecution to a simple Murder 2 charge is that motive really doesn't matter much. They just have to prove that Luigi pulled the trigger. But with the terrorism modifier, the trial will no devolve into lengthy discussions about his motives and message. Not only have they now given him the world's largest soapbox, but this will also give the defense an opportunity to make him much more sympathetic to the jury. With only a Murder 2 charge, the defense lawyer would have had to fight hard to sneak subtle hints into trial about Luigi's motives. Now his motives will be a core part of the prosecution's case.
With a simple Murder 2 trial, even jurors who thought Thompson got what he deserved could vote to convict based simply on the letter of the law. Luigi killed an evil man, but he still has to face the consequences like any other criminal. Now the jury will clearly see that the system isn't treating him like any other criminal. The prosecutors, through their own actions, are making Luigi's case for him - the justice system is completely rigged in favor of the rich and powerful, and the only way they can ever be held accountable is through violence.
All it takes is one juror of twelve to look around at the situation and say, "this is bullshit. I'm not going to convict." Sure, they can try him again with a new jury if he's not found unanimously not-guilty, but that jury will have an even greater risk of jury nullification. The longer this goes on, the more likely the prosecutor just has to offer him some sweetheart plea deal just to get him convicted of something. And each trial just elevates Mangione that much closer to literal Sainthood in the popular imagination.
Yeah, first degree requires a deep look into the motives, which is really good for him.
Here's some legal analysis by legal eagle https://youtu.be/vXkH-G_8xew
Except in every step things can develop the ways you haven't thought about.
And courtroom shows are kinda common enough in movies and even in reality. People will have strong feelings, but this doesn't seem a major thing for many.
So - too much copium. I hope you are right and I am wrong, of course.
I, too, watched Legal Eagle's video.
US citizens, are you planning to protest?
We have the Russian "and then it got worse" do nothing attitude. We aren't even gonna try to do anything till its far too late.
When we have protests large enough to get noticed, we get attacked by the police. Why should the protesters have to suffer? Make the oppressors suffer instead.
How
Protests within US are limited to major cities otherwise logistics are fucked due to suburb lay out of the most of the country.
Also, most of are just too docile, it ain't an issue I til they personally get fucked.
That’s their point: America never does anything. People love to act like they stand for something, but cower at the slightest consequence or inconvenience.
Last time we had a major protest in the city of Chicago, 24 people died. That's a little more than "the slightest consequence or inconvenience"
Luigi's protest was way more efficient. Only one person has died.
Land of Double Standards.
Pulling an excerpt from George Carlin: "Politicians hide behind three things in this country: The Flag, The Bible and Children. No child left behind! It wasn't long ago you were talking about giving children a headstart. Headstart, Left Behind. Someone's losing fucking ground here."
The spoke the truth mapr of us were to young to understand but how did boomers miss these money shots.
They were the audience
Yes there are double standards but this is the wrong comparison to make that point.
Most school shooters are minors who are inelligible for the death penalty, and a large percentage don't survive their own shooting. Either death by cop or suicide.
I have no love for insurance CEOs or our capital-first justice system, but if you're gonna make a point don't leave it open to be so easily picked apart.
Of the adult school shooters, which is most of them anyway, try and find a handful.
They really gonna try to turn this guy into a martyr?
Then we need to make him a saint.
St. Luigi of Baltimore, forgive us our debts, deliver us from the greed of the wicked...
And shepherds we shall be.
For Thee, my Lord, for Thee.
Power hath descended forth from Thy hand.
That our feet may swiftly carry out Thy command.
So we shall flow a river forth to Thee.
And teeming with souls shall it ever be.
In Nomine Patris, et Fili, et Spiritus Sancti."
Doesn't make sense to compare a rate of an outcome (without even knowing how often that outcome was sought) with an individual attempt whose outcome is not even known yet.
When Mangione IS actually given the death penalty, this 'argument' will actually amount to something. Dumb until then.
Because it's about sending a message. They've seen how popular this guy and his actions have become and are trying to throw everything at him so it puts off any copycats.
The death penalty has not been executed in NY/federal court for decades right? Doesn’t seem like an actual threat. What they want to achieve is a good negotiating position for a plea bargain because they known a trial will be a shitshow.
This you shall offer in the morning and this you shall offer at twilight, a lamb without blemish.