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HIV-positive man sentenced 35 years for spitting at officer

buckiprof;1164253; said:
Intent equates to 35 years?!!? If that is the case, then idiocy ruled the day in that Dallas courtroom.

I didn't say I agreed with the 35 years (but I also don't feel bad about it, either). I simply offered an explanation for it.

As I said, if his intent was to pass on the virus for which there is no known cure then he was trying to kill the guy. The fact that it was a piss poor attempt because AIDS doesn't transmit that way doesn't absolve him from his actions.

An idiot trying to rob a bank with his finger in his pocket pretending to be a gun still gets convicted of attempted robbery, for similar reasons. Being too stupid to execute one's attempted crime shouldn't be a defense.
 
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Jake;1164256; said:
I didn't say I agreed with the 35 years (but I also don't feel bad about it, either). I simply offered an explanation for it.

As I said, if his intent was to pass on the virus for which there is no known cure then he was trying to kill the guy. The fact that it was a piss poor attempt because AIDS doesn't transmit that way doesn't absolve him from his actions.

An idiot trying to rob a bank with his finger in his pocket pretending to be a gun still gets convicted of attempted robbery, for similar reasons. Being too stupid to execute one's attempted crime shouldn't be a defense.

So if I really believed that I could kill someone by feeding them with a banana, and carried this out, I should be charged with attempted murder even though my belief was completely wrong? It seems like the "AIDs" factor really added some emotion/harshness to the decision that wouldn't have been there with...say my silly banana example. Even though the chances of saliva infecting and the banana killing are similar.
 
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Jake;1164256; said:
I didn't say I agreed with the 35 years (but I also don't feel bad about it, either). I simply offered an explanation for it.

As I said, if his intent was to pass on the virus for which there is no known cure then he was trying to kill the guy. The fact that it was a piss poor attempt because AIDS doesn't transmit that way doesn't absolve him from his actions.

An idiot trying to rob a bank with his finger in his pocket pretending to be a gun still gets convicted of attempted robbery, for similar reasons. Being too stupid to execute one's attempted crime shouldn't be a defense.

Never said that you said you agreed with it, however your parenthetical comment is telling.

Again, I would bet Pete Rose $50 that this HIV positive person knows that he can't transmit the virus via spitting, hence the point of view that it was his intent is moot.

As for your idiot with his finger in his pocket analogy, to make it more of a true analogy will said idiot be convicted of armed robbery? What if said idiot really believes that his finger has the ability to discharge a death ray from it, hence idiot's intent is to use his death ray finger if necessary, is it not armed robbery?
 
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HIV-infected German singer convicted

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Darmstadt, Germany (CNN) -- A German pop star was found guilty Thursday of causing grievous bodily harm and attempted bodily harm for failing to tell sexual partners that she was infected with HIV.
Nadja Benaissa, 28, former singer in the girl band No Angels, was given a two-year suspended sentence. She was also ordered to complete 300 hours of community service with people who are HIV-positive.
The trial has been taking place at a court here in Darmstadt, south of Frankfurt.
Entire article: HIV-infected German singer convicted - CNN.com

http://en.terra.com/music/pictures/nadja_benaissa_hiv_positive_german_singer_convicted/50341
 
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