27 Aug 10
Originally posted by FMFI suppose, depending on the circumstances and the jury in question, it may only be reckless endangerment or aggravated assault.
Interesting. But many people live for many years with HIV. What other kinds of negligence and irresponsibility could be packaged as a murder conviction? Do you not have "manslaughter" in the U.S.?
But, for example, the same can be true in Canada.
Google "Steven Paul Boone."
27 Aug 10
Originally posted by FMFUnder the common law, which comes from England and is still applied in most states (and, though I'm not sure, I'd figure in the UK as well), intent is not necessary for a murder charge. Conduct that evinces a "depraved indifference to human life" that causes death is also murder.
I can't agree to this being catagorized as "murder" unless they can establish that she killed her baby intentionally. I think there is nothing wrong with the word "murder" and there's no purpose served by changing or widening its meaning.
27 Aug 10
Originally posted by FMFEither murder or manslaughter. I would guess it would be considered manslaughter in most cases; but depending on that level of intent and/or knowledge of the effects of AIDS can be proven, it might be considered murder.
...until someone she slept with dies and then... murder?
27 Aug 10
Originally posted by sh76Can 'who gave someone AIDS' be established beyond doubt?
Either murder or manslaughter. I would guess it would be considered manslaughter in most cases; but depending on that level of intent and/or knowledge of the effects of AIDS can be proven, it might be considered murder.
27 Aug 10
Originally posted by sh76I know that in the Netherlands knowingly infecting someone with HIV is considered aggravated assault. You don't die (directly) from getting hiv so murder seems a little silly.
Either murder or manslaughter. I would guess it would be considered manslaughter in most cases; but depending on that level of intent and/or knowledge of the effects of AIDS can be proven, it might be considered murder.
27 Aug 10
Originally posted by KazetNagorraOf course you die from HIV. The disease is the "but for" cause of death.
I know that in the Netherlands knowingly infecting someone with HIV is considered aggravated assault. You don't die (directly) from getting hiv so murder seems a little silly.
You don't die from the gunshot but from the blood loss.
27 Aug 10
Originally posted by KazetNagorraAnd for most gunshot victims, getting treatment will allow the person's life to be saved. So what? If the person does die, the gunshot/HIV transmission was the "but for" cause of death.
For most patients, antiretroviral drugs will prevent the HIV-virus from causing AIDS.
27 Aug 10
Originally posted by sh76It seems possible to be convicted of murder for this, but not for attempted murder which requires actual intent (barring changes in State laws I'm not aware of). Here's a Utah case saying that there is no such crime as attempted depraved indifference murder. http://www.brownbradshaw.com/uploads/Vigil.pdf
In 2009, a Canadian man was convicted of First degree Murder for knowingly having unprotected sex while HIV positive.
http://en.wikipedia.org/wiki/Johnson_Aziga
27 Aug 10
Originally posted by sh76So if a person dies after, say, 20 years, can you then arrest the perpretator? Seems a strange brand of justice.
And for most gunshot victims, getting treatment will allow the person's life to be saved. So what? If the person does die, the gunshot/HIV transmission was the "but for" cause of death.