Thread: legal question
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Old 10-23-2004, 06:08 AM   #13
Mouse
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Join Date: March 1, 2001
Location: Scotland
Posts: 2,788
Murder and attempted murder. Here in Scotland we have a neat way of getting round the legal conundrum of someone copping to a lesser charge in these circumstances.

There would be no dispute that attempted murder is the correct charge with regard to the primary target.The arguement would be made that, as the shooter had no intent to kill the second party, then a lesser charge of culpable homicide should apply.

Not so, here we have the concept that if an action is so wickedly recklessthat it demonstrates equivalent culpability to clear intent, then a murder charge is sustainable.

The classic definition of murder in Scots Law is thus "Murder is constituted by any wilful act causing the destruction of life, whether intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of the consequences."
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