Bad News from Mass.

[Just Me]

Kimmy Stevens wrote:
>
> I read with much sadness in the May 3rd Boston Globe that the alleged
> and admited killer of Channel, a transexual, was elt of the hook by a
> Middlesex County jury.
>
> The jury found the man guilty of Assault & Battery.
>
> The message this jury is sending is a scary one: It's OK for a male to
> kill a transexual. The jury will give you a slap-on-the-wrist good for
> a _maximum_ of 2 1/2 years in prison.
>
> Also ironic is that, though the defendant claimed he had no clue that
> Channel was transexual, the bar he picked her up in has lots of
> transexuals in it. Somehow the jury took that as some great
> coincidence.
>
> This really stinks, people. Is it open season on T*'s?
>
> Hope not.

This goes beyond any transdiscrimination. If the defendant admitted to
killing a person isn't that the same thing as a guilty plea? How is it
that a confession to murder can be treated as an assault?

[anon-...@anon.twwells.com]

Just Me wrote:
>

>
> This goes beyond any transdiscrimination. If the defendant admitted to
> killing a person isn't that the same thing as a guilty plea? How is it
> that a confession to murder can be treated as an assault?

Because admitting to a set of facts does not constitute a legal
admission of guilt. If one confesses to AB&C but there is an element of
guilt missing say E, then the admission is not of murder but of a lesser
crime. since we do not know the facts in this case, it is hard to know
what was and wasn't admitted to it could have been that there was an
unwanted touching accompanied by a threat (assault and battery) by the
perp but without a finding that this legally contributed to the death.
yes this is sophistry, but it is what makes our system tick (somedays).

Joy?

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