Quote:
Originally Posted by mase
No, a normal person would not resort to lethal violence in response to being laughed at after dropping a sandwich. A normal person might resort to lethal violence in response to discovering his wife in bed with a stranger.
If you think these are equivalent, then that's what's wrong with the jury system - the average juror.
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Please reread my post before commenting. Where did I say a normal person would resort to violence? Flip out do not mean you will resort to violence BTW.
Why complain about the juror? Why not complain about the DA for seeking manslaughter vs murder? Why not complain about the justice system that clearly states what a manslaughter consists of?
Heat of passion that will help reduce the sentence to manslaughter vs second degree murder:
1) that the defendant was provoked
YES
2) that the provocation caused the defendant to act rashly and under the influence of intense emotion, obscuring his judgment and reasoning
YES
3) the provocation would have caused the average person to act rashly
YES, IMO and the DA's opinion