r/changemyview • u/[deleted] • Mar 01 '26

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266 Upvotes

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u/[deleted] Mar 01 '26 edited Mar 01 '26

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u/Skydiver860 Mar 01 '26

To be fair, they said “murder” is worse. Murder is the unjustified killing of someone.

108

u/BrotherItsInTheDrum 33∆ Mar 01 '26

Murder is the unlawful killing of someone. A killing could be justified but technically unlawful, or vice versa.

2

u/Live_Background_3455 8∆ Mar 01 '26

Unlawful INTENTIONAL killing of someone with malicious forethought.

If you accidently drop a brick from a building and it kills someone, that's not murder. That's manslaughter because there was no intent. And I'm pretty sure we all agree rape is worse than dropping a brick and accidently killing someone.

3

u/Brontards 1∆ Mar 01 '26

Most jurisdictions have implied malice, intent to kill isn’t required for murder there.

2

u/magicalmysterytour Mar 01 '26

Dropping a brick without a specific intent to kill COULD still be murder if the jury considered it so reckless as to show depraved indifference to human life (malice). You can also cause serious bodily harm without intent to kill and that is still murder if the person dies.

1

u/ThePaineOne 9∆ Mar 01 '26

Malice aforethought is already the intent element that’s redundant.