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<blockquote data-quote="zubenelgenubi" data-source="post: 4840394" data-attributes="member: 63706"><p>I never said that. Ttku. There's actually three separate layers that are at least mutually exclusive, and contradictory at most. 2nd degree murder in Minnesota requires intent to commit a felony, and a death resulting from it. In this case it would be unintentional murder while intentionally commiting a felony.</p><p></p><p>3rd degree murder is unintentional murder from a depraved disregard for human life. If you do not accept this as a different degree of culpability, then this charge is no different than 2nd degree murder, especially since there is almost no way you can commit a murder without an underlying felony of assault. If you accept this as a lower level of culpability than 2nd degree murder, you can't be guilty of both a higher and lower degree of culpability, it's mutually exclusive, and potentially contradictory.</p><p></p><p>2nd degree manslaughter requires yet another level of culpability, which is negligence. The statute states "consciously takes chances of causing death or great bodily harm to another". So how can you consciously take a chance of causing and unintentionally cause the death of someone? This is contradictory.</p><p></p><p>Three different charges, three different levels of culpability and theories of intent or lack thereof. All equally true. Bollocks.</p></blockquote><p></p>
[QUOTE="zubenelgenubi, post: 4840394, member: 63706"] I never said that. Ttku. There's actually three separate layers that are at least mutually exclusive, and contradictory at most. 2nd degree murder in Minnesota requires intent to commit a felony, and a death resulting from it. In this case it would be unintentional murder while intentionally commiting a felony. 3rd degree murder is unintentional murder from a depraved disregard for human life. If you do not accept this as a different degree of culpability, then this charge is no different than 2nd degree murder, especially since there is almost no way you can commit a murder without an underlying felony of assault. If you accept this as a lower level of culpability than 2nd degree murder, you can't be guilty of both a higher and lower degree of culpability, it's mutually exclusive, and potentially contradictory. 2nd degree manslaughter requires yet another level of culpability, which is negligence. The statute states "consciously takes chances of causing death or great bodily harm to another". So how can you consciously take a chance of causing and unintentionally cause the death of someone? This is contradictory. Three different charges, three different levels of culpability and theories of intent or lack thereof. All equally true. Bollocks. [/QUOTE]
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