[the_old_crowd] Re: Snape's Remorse: another erratum

[Constance Vigilance]

--- eloise wrote:
Surely if I stab
> someone, it is 
> really a matter of sheer luck that I am not
> convicted because someone 
> else has already slipped them poison. My action is
> still that of a 
> murderer, morally I am still guilty of an act
> designed to bring about 
> the death of another.
<snip>
> 
> I have to admit I'm struggling with this whole
> thing. If the law 
> really says that you can go through the actions of a
> murder and not 
> be culpable simply because someone else got there
> first, then as Mr 
> Bumble said, "the law is an ass". 

If your actions did not cause the death of anyone,
then you are not a murderer, no matter what your
intent. What you absolutely are guilty of is
Aggravated Assault. In California, no one is ever
brought to trial on Attempted Murder, although they
may be arrested on that. There is too much possibility
of arguing on the Intent of the defendant for this.
But Aggravated Assault does not have that problem. If
a person Did A Very Bad Thing and did it
intentionally, then it's Assault no matter what the
result. In this case, Snape would probably have to be
brought up on two charges - Assault for the AK, then
Manslaughter for the fall because it was incidental to
the AK. If the jury did not think the fall killed
Dumbledore, then they could still vote guilty on
assault.

Feel better, Eloise?

Constance Vigilance

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