Preliminarily
a. First things first, did you just dismiss the difference between an acquittal and a conviction like it was no big deal? I'm fairly certain you did, and I'd love to hear some additional thoughts from you on the matter. Because my understanding is that it is a rather significant distinction, but I respectfully invite you to present an argument to the contrary.
I was not dismissing the difference. I was pointing out that conviction was not a part of the criteria that you, yourself, set up. Remember? It was about laws, on books? I provided that.
You seem to have this overpowering need to misdirect, kid.
Why you aren't actually advancing an intelligible position:
1. You posted links to drugs dealers charged with some level of culpability for an overdose victim. You posted links to pharmacists charged with some level of culpability for an overdose victim. You posted links to doctors charged with some level of culpability for an overdose victim.
2. So then what are the legitimate means of acquiring drugs?
Um, obviously Drs and pharmacists that prescribed and filled in an appropriate manner. That was my whole point Einstein. You stated that whether the drugs were illegal or not had absolutely no bearing on the case. I proved differently.
3. It appears that what you have actually done here is defined "illegitimate means" to include anybody who dispenses drugs that then results in an overdose. And if you aren't, then please make a distinction.
Your inability to follow a discussion is striking. I provided a distinction above, for the 10th time! Do you just refuse to read, or do you have a learning disability?
4. When you try to make that distinction, I have a feeling that you'll find that find yourself agreeing with my position, or stating something that sounds a lot like it. If you recall, my position was that a doctor could be found culpable for the death of another in a situation like the michael jackson situation, where the doctor had sufficient knowledge such that he really should have had a decent idea that this was gonna kill his patient.
You're right. That sounds a lot like the position that I have stated specifically and clearly in multiple posts, but which you still said was untenable, irrational and indefensible. Yet again, you prove a striking inability to follow clear points, even when they are repeatedly stated in an a+b=c format.
Except, I opened it up to "any illegal" prescription, like the links I posted, and specifically, the law on the books that I linked to.
You really do need to find me a conviction for anything you've said to be worthwile. I am about to address the knowledge component, which would have to be proven to get a conviction for a common law murder charge (which will have different names in different states).
No. I don't. Try to keep up with your own criteria. I quoted a specific law on the books that parallels my position exactly. I can think of a very recent, and very public case that proves that conviction is not the greatest test for how well US law is applied.
5. The MJ example is an easiest example you're going to find, thought, because he was literally attending by the guy's side ALL the time. Thus, the known or should have known standard is very much in play.
6. In the absence of that, I think the most level of culpability that you're going to find when you look to convictions and not mere charges*, a manslaughter charge based on recklessness. And you're most likely going to find this in the "pill farm" scenarios that used to pop up a lot in Florida.
Or, you could read the law that I've posted twice already that makes no mention of "should-have-known". It just states that the criteria is "felony violation" involving delivery--. i.e. illegal delivery. Just like I stated.
For the THIRD time, kid...
Quote:
Although the Meeks case is an unusual one, a subsection of the Arkansas Code Annotated which deals with homicides states that a capital murder charge is supported if a person acting alone or with one or more other persons commits or attempts to commit a felony violation of the Uniformed Controlled Substances Act (defined in A.C.A. Section 5-64-101 through 5-64-508) involving an actual delivery of a controlled substance."
7. The pill farm scenarios don't apply to AD.
Thanks for clearing that up.
8. No one else has the slightest touch of culpability in his death.
I've already stated on multiple occasions that is he obtained his drugs by legitimate means, he bears sole responsibility. Do you actually bother to read, or do you have a learning disability?
9. And for what to say initially (and this is how this all started) a statement to the contrary of #8, what was your rationale?
I've already written two clarifications and stated that when I wrote that, I did not know what was in his system. Also, the fact that my original statements were centered on "illegal\irresponsible delivery of drugs and "drug dealers", a person of even below average intelligence probably should have been able to comprehend that, even without the two clarifications that followed.
So, I ask again, do you actually read, or do you have a learning disability?
10. Had you simply not read the multiple articles about his autopsy and what was found in his system?
I've answered this twice that I had not. Do you actually read, or do you have a learning disability?
A tip: "rediculous" is not merely a misspelled word. It is a misspelled word that really shouldn't be misspelled by anyone past the age of 9.
Falling back to spelling ability is the last ploy of someone who has had their proverbial cheeks handed to them. But I will try to do better in the future. With that said, I'm not sure that a correct spelling would have made a lot of difference, considering my suspicion that you either choose not to read what I write, or have a very serious learning disability.
*And this distinction is huge because the prosecutor is of course going to charge somebody with more than he knows he can get them on just because it makes it that much more likely that the person will plea-bargain down to something that isn't insignificant.
Perhaps. But, and I repeat yet again... When there are laws on the books that describe both charge and sentence in cases where a person ODs because someone distributed drugs to them illegally, your distinction is misplaced.
When your criteria for my point was-- how did you put it...? Laws on the books of any civilized society? Your distinction is misplaced...