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they-see-me-trollin on scored.co
1 year ago23 points(+0/-0/+23Score on mirror)
hijacking top comment because it has nothing to do with kike judges here. for people wondering wtf is going on, penny was charged with two charges:
* second degree manslaughter, aka "murder in the heat of the moment". this has ill intent, and is basically alleging penny lost his cool and killed the guy
* criminally negligent homicide, basically causing the death of someone by accident, but unlike a normal no-fault "sometimes shit happens" kind of accident, the allegation is that penny was supposed to be more careful in suppressing this chimp, that he wasn't even exercising basic reasonable care, and his conduct arose to criminal negligence.
this is allowed in american law under what's called "pleading in the alternative". it's fully valid for the prosecutor/plaintiff to say "X happened, and if X didn't happen, then Y happened and either way, you're still guilty/liable".
on the first charge (second degree manslaughter), the jury came back to the judge TWICE and said they failed to come to an agreement. the prosecutors requested the judge to dismiss the charges. it could be for a dozen different reasons... the largest probably that if the jury refused to deliberate it further and entered a hung verdict (which they fully had the power to do), and then there's a good chance the jury would deadlock on negligent homicide too. by withdrawing the manslaughter charges, they at least had a shot at getting negligent homicide. it's all risk calculations.
but then their worst case scenario hit, where the jury said it wasn't negligent homicide either. i don't know under NY state law whether double jeopardy would prevent him from being charged for manslaughter again. in my state, as in many states, anything other than a mistrial triggers double jeopardy. my LLM is suggesting NY is the same law as my state.
* second degree manslaughter, aka "murder in the heat of the moment". this has ill intent, and is basically alleging penny lost his cool and killed the guy
* criminally negligent homicide, basically causing the death of someone by accident, but unlike a normal no-fault "sometimes shit happens" kind of accident, the allegation is that penny was supposed to be more careful in suppressing this chimp, that he wasn't even exercising basic reasonable care, and his conduct arose to criminal negligence.
this is allowed in american law under what's called "pleading in the alternative". it's fully valid for the prosecutor/plaintiff to say "X happened, and if X didn't happen, then Y happened and either way, you're still guilty/liable".
on the first charge (second degree manslaughter), the jury came back to the judge TWICE and said they failed to come to an agreement. the prosecutors requested the judge to dismiss the charges. it could be for a dozen different reasons... the largest probably that if the jury refused to deliberate it further and entered a hung verdict (which they fully had the power to do), and then there's a good chance the jury would deadlock on negligent homicide too. by withdrawing the manslaughter charges, they at least had a shot at getting negligent homicide. it's all risk calculations.
but then their worst case scenario hit, where the jury said it wasn't negligent homicide either. i don't know under NY state law whether double jeopardy would prevent him from being charged for manslaughter again. in my state, as in many states, anything other than a mistrial triggers double jeopardy. my LLM is suggesting NY is the same law as my state.