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Im GLAD the children are going to be OK. The mother?
These children will be haunted by this the rest of their lives. She SHOULD be charged with Attempted Murder.
Malice aforethought exists if the defendant acts with any of the following states of mind:
(i) Intent to kill; (ii) Intent to inflict serious bodily harm; (iii) Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart); or (iv) Intent to commit a felony (felony-murder doctrine).
Under element (i) intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.
March 12th, 2008 at 2:23 pmWhat the hell is up these days with suicidal parents taking the lives of their children before they kill themselves. Some actually don’t even kill themselves like Andrea Yates. Selfish acts by the broken children of the baby boomer generation. The death of any semblance of decency.
Possibly a result of the increasing acceptance of all forms of abortion creating a society of people who consider children valueless.
March 12th, 2008 at 2:47 pm