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tears in court get leniency for AIDS sentence

tears in court get leniency for AIDS sentence

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http://www.telegraph.co.uk/news/worldnews/europe/germany/7965718/German-pop-star-escapes-jail-after-failing-to-tell-lovers-she-was-HIV-positive.html

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Benaissa, 28, a member of the popular German girl band No Angels, kept her diagnosis a secret and knowingly exposed several men to the virus.

A court in Darmstadt, western Germany, convicted her of causing grievous bodily harm and two counts of attempted bodily harm by having unprotected sexual intercourse. One of her partners, a 34-year-old talent agent, contracted the virus.

Benaissa received a two-year suspended sentence and was ordered to carry out 300 hours of community service. State prosecutor Peter Liesenfeld said the court was lenient because Benaissa had expressed regret in court.

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another argument for cookie-cutter justice.

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Originally posted by zeeblebot
http://www.telegraph.co.uk/news/worldnews/europe/germany/7965718/German-pop-star-escapes-jail-after-failing-to-tell-lovers-she-was-HIV-positive.html

...

Benaissa, 28, a member of the popular German girl band No Angels, kept her diagnosis a secret and knowingly exposed several men to the virus.

A court in Darmstadt, western Germany, convicted her o ...[text shortened]... er Liesenfeld said the court was lenient because Benaissa had expressed regret in court.

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I the US, we call that attempted murder.

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Originally posted by sh76
I the US, we call that attempted murder.
At the very least agg.assault

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Originally posted by sh76
I the US, we call that attempted murder.
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.?

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Originally posted by FMF
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.?
That would be killing some one unintentionally

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Originally posted by utherpendragon
That would be killing some one unintentionally
Do you think Benaissa was trying to kill people or was unintentionally taking a risk of killing people?

If she was trying to kill people, clearly, it would be "attempted murder".

If she was unintentionally taking a risk of killing people, is it really "attempted murder" in the U.S.?

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Originally posted by FMF
Do you think Benaissa was trying to kill people or was unintentionally taking a risk of killing people?

If she was trying to kill people, clearly, it would be "attempted murder".

If she was unintentionally taking a risk of killing people, is it really "attempted murder" in the U.S.?
If her actions indicate a reckless and extreme disregard for human life, then (I think) it counts as attempted murder here in the U.S.

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Originally posted by FMF
Do you think Benaissa was trying to kill people or was unintentionally taking a risk of killing people?

If she was trying to kill people, clearly, it would be "attempted murder".

If she was unintentionally taking a risk of killing people, is it really "attempted murder" in the U.S.?
Well, I am not a lawyer. But if she knows she has a STD that can cause death in another and deceives that person by not telling them a head of time and has unprotected sex with them she is giving then a death sentence or at the very least causing them serious physical harm. Either way its a felony of some sort in the U.S.

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Originally posted by bbarr
If her actions indicate a reckless and extreme disregard for human life, then (I think) it counts as attempted murder here in the U.S.
Have any parents been convicted of attempted murder for feeding their children badly?

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Originally posted by bbarr
If her actions indicate a reckless and extreme disregard for human life, then (I think) it counts as attempted murder here in the U.S.
Doesn't there need to be motive? If Benaissa was attempting to murder certain men, what would have been her motive for murder do you think?

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Originally posted by FMF
Doesn't there need to be motive? If Benaissa was attempting to murder certain men, what would have been her motive for murder do you think?
Suppose I know that there are a dozen men in a room, and I want to see if I can unload an Uzi into the room without hitting any of them. I don't intend to hit them, and am motivated not to (maybe I've got some money riding on it). Would you prefer the lesser manslaughter charge to the attempted murder charge?

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Originally posted by bbarr
Suppose I know that there are a dozen men in a room, and I want to see if I can unload an Uzi into the room without hitting any of them. I don't intend to hit them, and am motivated not to (maybe I've got some money riding on it). Would you prefer the lesser manslaughter charge to the attempted murder charge?
Your analogy has sucked all the oxygen out of my home office. Do you have something a little closer to the nature of the case in the OP that can help me get my head round the issue of 'motive'?

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Originally posted by FMF
Have any parents been convicted of attempted murder for feeding their children badly?
http://www.dmzhawaii.org/?p=4000

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Originally posted by FMF
Your analogy has sucked all the oxygen out of my home office. Do you have something a little closer to the nature of the case in the OP that can help me get my head round the issue of 'motive'?
Suppose a dozen HIV patients are in a room...

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