TA的每日心情 | 慵懒 2020-7-26 05:11 |
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签到天数: 1017 天 [LV.10]大乘
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方恨少 发表于 2013-3-6 22:27
" D6 B$ m8 x* B1 O0 p; t# X7 C就说这个激情杀人,临时起意的杀人也是杀人,要不要预防呢,死刑对激情杀人也许有震撼作用,也许没有,废 ... ' `7 Q# U- h% u% m- E6 [7 b
I am not sure of the meaning of 激情杀人. It must be a new word. I never heard of the term when I was in China. There have always been differentiation between murder and manslaughter in English common law. And I think it is a fair and reasonable concept.
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For example, in US, if a person kills someone after provocation, that is an event which would cause a reasonable person to lose self-control, he or she is less culpable to the killing and is guilty of manslaughter instead of murder. The sentence for first-degree manslaughter is from 5-25 years, compared to 25 years which is the minimum sentence for second-degree murder. One example of provocation is a husband going back home, unintentionally catching his wife in bed with another man, losing control and killing his wife or her lover. However, if there is a cooling-off period, for example, the husband withdraws from the house after catching his wife having an affair, walking around for an hour, then decides to kill his wife. This is pre-meditation and will be punished as second-degree murder.( n* k7 L+ q% b T
- q3 V$ a* r |/ O3 \5 [+ fFor this particular case, I cannot think of any mitigating circumstance in killing the infant, so manslaughter defense does not apply. It can be regarded as extremely heinous, and if he were in US, he would probably be convicted of first-degree murder, receiving death penalty in death penalty states.# s5 c6 o6 q' e. ?" I
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