cross-posted from: lemm.ee/post/50439521
cross-posted from: lemmy.dbzer0.com/post/33851469
The state of New York is about to get a firsthand lesson in the Streisand Effect. They should have just charged him the same charge any normal killer would get - Second Degree Murder, which is the normal charge for premeditated murder in NY. First degree requires rare special circumstances, and the prosecutor chose to use a dubious “terrorism” modifier to up the charge to Murder 1. They just couldn’t help themselves, and they shot themselves in the foot.
The advantage to the prosecution to a simple Murder 2 charge is that motive really doesn’t matter much. They just have to prove that Luigi pulled the trigger. But with the terrorism modifier, the trial will no devolve into lengthy discussions about his motives and message. Not only have they now given him the world’s largest soapbox, but this will also give the defense an opportunity to make him much more sympathetic to the jury. With only a Murder 2 charge, the defense lawyer would have had to fight hard to sneak subtle hints into trial about Luigi’s motives. Now his motives will be a core part of the prosecution’s case.
With a simple Murder 2 trial, even jurors who thought Thompson got what he deserved could vote to convict based simply on the letter of the law. Luigi killed an evil man, but he still has to face the consequences like any other criminal. Now the jury will clearly see that the system isn’t treating him like any other criminal. The prosecutors, through their own actions, are making Luigi’s case for him - the justice system is completely rigged in favor of the rich and powerful, and the only way they can ever be held accountable is through violence.
All it takes is one juror of twelve to look around at the situation and say, “this is bullshit. I’m not going to convict.” Sure, they can try him again with a new jury if he’s not found unanimously not-guilty, but that jury will have an even greater risk of jury nullification. The longer this goes on, the more likely the prosecutor just has to offer him some sweetheart plea deal just to get him convicted of something. And each trial just elevates Mangione that much closer to literal Sainthood in the popular imagination.
YungOnions@sh.itjust.works 5 weeks ago
Because it’s about sending a message. They’ve seen how popular this guy and his actions have become and are trying to throw everything at him so it puts off any copycats.
rickdg@lemmy.world 5 weeks ago
True, hopefully it will backfire.
Kecessa@sh.itjust.works 5 weeks ago
Death penalty increases violence because murdering the person catching you becomes a way to increase your likelihood of surviving.
Auli@lemmy.ca 5 weeks ago
Haven’t seen any copycats yet.
Kalysta@lemm.ee 5 weeks ago
Except all they have done is make him a martyr, and now anyone who wants to be infamous is more likely to do something.
Eatspancakes84@lemmy.world 5 weeks ago
The death penalty has not been executed in NY/federal court for decades right? Doesn’t seem like an actual threat. What they want to achieve is a good negotiating position for a plea bargain because they known a trial will be a shitshow.