Derek Bentley

[Filuwaúrdjan]

Nice little piece the BBC have put up:

On this day: Derek Bentley hanged for murder

[afleitch]

I had heard about this case briefly a while ago. Thankfully we no longer have the death penalty.

[True Federalist (진정한 연방 주의자)]

Frankly, the only thing that should have saved Bentkey was his mental incompetence.  He was a willing accessory to the predicate act of breaking and entering.  A man died as a consequence of the chain of events that resulted from that criminal act.  Therefore, he was guilty of murder.

[Filuwaúrdjan]

He was a willing accessory to the predicate act of breaking and entering.  A man died as a consequence of the chain of events that resulted from that criminal act.  Therefore, he was guilty of murder.

Maybe under U.S criminal law (which I'm not very familer with) but certainly not under criminal law over here; the actus reus of any homicide is an act or omission that directly leads to death (in the '50's the year and a day rule was still in place, but that's irrelevent to this case), while the mens rea of murder is "malice aforethought" (ie; either intent to kill, intent to cause grievous bodily harm, realizing while doing something that death would almost certainly (or very probably) result, or realizing that grievous bodily harm will very probably result from the act... for example shooting at someone without intending to kill, but realizing that he'll suffer a serious injury). It's quite absurd to think that Bentley had committed the mens rea of murder (the conviction only happend due to what increasingly looks like fabricated evidence on behalf of the police and the appalling conduct of the trial by the Judge... a depraved individual who got a sexual thrill from sentencing people to death*) and it's equally absurd to think that, beyond all reasonable doubt, he committed the actus reus of homicide either. It might be possible to stretch out a manslaughter conviction (although even then it would be pushing the law to breaking point) but the most he would be charged with these days would be burglary.

*I can go into details here, but I'd rather not...

[True Federalist (진정한 연방 주의자)]

Depends on the State over here.  I know its the case in Florida, where a teenage thug involved in the caught on video in a recent spree of attacks on the homeless is going to be charged with one of their deaths even though he attacked the victim with only a paint gun.  It certainly is a reasonable standard in my opinion.

[minionofmidas]

the appalling conduct of the trial by the Judge... a depraved individual who got a sexual thrill from sentencing people to death*)

That's the chief cause of all death sentences. [/Opebo] Well not quite, but power fantasies like that probably play some role in a large number of them.

[Filuwaúrdjan]

Well not quite, but power fantasies like that probably play some role in a large number of them.

Can't speak for anywhere else, but over here that was certainly the case over here (with Lord Chief Justice Rayner Goddard being but the most extreme, and disgusting, example). The "Hanging Judge" was quite a disgraceful institution...