Now charge them with conspiracy to commit Homicide! Homicide is a GENERAL intent crime. Deaths that are a direct, likely and probable consequence of ones action is one definition of General intent. Too bad the DA”s and Attorney Generals are to chicken sh*t to do it- they only care about fines and money- not lives.
Completely FALSE. Homicide is the killing of a human by another human. Therefore, homicide in general is not guaranteed to be criminal nor to even require INTENT. The most clear example is justifiable homicide such as when someone is defending their own life. Another example is killing during war. Both of those examples are definitely homicides and both are not criminal. Or perhaps if someone is killed as a result of a car accident because someone ran a stop light. Possibly negligent but very likely not intentional.
What you mean to state here is either murder (homicide with intent and malice) or manslaughter (everything else not justifiable or murder).
Very hard to see these kickbacks as murder. I could see an argument for manslaughter but one would need to prove a general and gross disregard for human life – I doubt that is something likely able to be proven legally or rationally. That said, juries are often irrational – especially with issues like tobacco, drugs, etc. – so getting a manslaughter conviction might be possible. It is also for this reason why defendants in such cases waive their right to a jury trial – judges are far more likely to adjudicate based on the law – not emotion.
Completely FALSE. Homicide is the killing of a human by another human. Therefore, homicide in general is not guaranteed to be criminal nor to even require INTENT. The most clear example is justifiable homicide such as when someone is defending their own life. Another example is killing during war. Both of those examples are definitely homicides and both are not criminal. Or perhaps if someone is killed as a result of a car accident because someone ran a stop light. Possibly negligent but very likely not intentional.
Are the physicians who accepted bribes next to go on trial?
Now charge them with conspiracy to commit Homicide! Homicide is a GENERAL intent crime. Deaths that are a direct, likely and probable consequence of ones action is one definition of General intent. Too bad the DA”s and Attorney Generals are to chicken sh*t to do it- they only care about fines and money- not lives.
“Homicide is a GENERAL intent crime…”
Completely FALSE. Homicide is the killing of a human by another human. Therefore, homicide in general is not guaranteed to be criminal nor to even require INTENT. The most clear example is justifiable homicide such as when someone is defending their own life. Another example is killing during war. Both of those examples are definitely homicides and both are not criminal. Or perhaps if someone is killed as a result of a car accident because someone ran a stop light. Possibly negligent but very likely not intentional.
What you mean to state here is either murder (homicide with intent and malice) or manslaughter (everything else not justifiable or murder).
Very hard to see these kickbacks as murder. I could see an argument for manslaughter but one would need to prove a general and gross disregard for human life – I doubt that is something likely able to be proven legally or rationally. That said, juries are often irrational – especially with issues like tobacco, drugs, etc. – so getting a manslaughter conviction might be possible. It is also for this reason why defendants in such cases waive their right to a jury trial – judges are far more likely to adjudicate based on the law – not emotion.
“Homicide is a GENERAL intent crime…”
Completely FALSE. Homicide is the killing of a human by another human. Therefore, homicide in general is not guaranteed to be criminal nor to even require INTENT. The most clear example is justifiable homicide such as when someone is defending their own life. Another example is killing during war. Both of those examples are definitely homicides and both are not criminal. Or perhaps if someone is killed as a result of a car accident because someone ran a stop light. Possibly negligent but very likely not intentional.