“One count of murder in the second degree in the death of William Church.”
He did rip the heart out of the man in front of thousands of witnesses,
MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor's discretion.
http://www.lectlaw.com/def2/m054.htmAnd yes there are variants but I like this definition.
This is good; this is a crime of which Superman is NOT guilty.
MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.....The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.
http://www.lectlaw.com/def2/m013.htmNotice that if they had charged him with manslaughter, he would indeed be guilty.
If the DA ignores it, which he clearly has been for a number of years, Superman is still at risk. Another DA could take office and decide to charge Superman with manslaughter. But if he is tried for second-degree murder, and found not guilty, he can't be retried!
DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendment to the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.'
U.S. v. Halper, 490 U.S. 435, 440 (1989).
http://www.lectlaw.com/def/d075.htmWhy wasn’t there a warrant out before now? ....the grand jury convened this morning.
Clearly the DA is going to dot all his "I"s and cross all his "t"s on this one. Since as Lois has pointed out it could have been done at any point in the last few years it is clear the DA's office was ignoring it.
No surprise there, after all it was the death of one of their own that caused Superman to cross the line.
Good job, I look forward to seeing how she has this play out.
