• Bad_Ideas_In_Bulk@lemmy.world
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    2 months ago

    Mens rei is a thing. For murder you need to prove they intended the result, not just that they intended the action.

    That’s why charges like negligent homicide exist.

    • Etterra@discuss.online
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      2 months ago

      They won’t stop doing it if they don’t suffer real consequences. Murder 1, life in prison.

        • Etterra@discuss.online
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          2 months ago

          Okay, here, I looked up the specifics. In Illinois, where I live, negligent homicide is a Class 2 Felony, with a maximum of 14 or 28 years, depending on case details. Source.

          1st Degree Murder is 60 years. Source.

          I’m not a lawyer, but instead a layman. That said, I argue that based on the law as cited, the parents had no lawful justification, and that their actions carried a high likelihood of death. Obviously a lawyer making such an argument in court would by necessity have to back that up, especially if they trotted out religious nonsense as a “lawful justification,” but that’s what they get paid for.

          A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (2) he or she knows that such acts create a strong probability of death or great bodily harm to that individual or another;