case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2022-10-07 04:37 pm

[ SECRET POST #5754 ]


⌈ Secret Post #5754 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.


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04.
[The Man from U.N.C.L.E.]


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05.
[Corden]


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08.
[IPCRESS File]


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09. [WARNING for discussion of sexual assault]




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10. [WARNING for discussion of rape]

[ADA]


















Notes:

Secrets Left to Post: 00 pages, 00 secrets from Secret Submission Post #823.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

(Anonymous) 2022-10-08 06:38 pm (UTC)(link)
AYRT - I have no idea how Warren would be prosecuted for Tara's death, and honestly I thought about trying to look it up but then I was like, nah. However, my personal perspective is that Warren went there with the intention of murdering Willow's friend, and in his wantonly careless attempt to do so, he ended up killing her girlfriend instead (while very nearly succeeding in killing Buffy too). He went there with murderous intentions, he fired the gun with murderous intentions, he fired the gun carelessly--knowing that nobody he gave a shit about was around, and one of those shots killed Tara. So I have no idea whether the law would care that the person he killed wasn't the person he meant to kill, but I personally don't care. In my opinion, he murdered Tara.

(Anonymous) 2022-10-08 07:24 pm (UTC)(link)
NAYRT and IANAL but yeah I am quite certain that it would be charged as murder. Involuntary manslaughter applies when the person takes an action which is not intended to kill anyone but which is reckless or negligent and thus results in their death. Firing a gun while attempting to murder someone is intended to kill, even if it's not intended to kill the same person you end up killing. Warren set out with the intention to murder someone and he did murder someone.

If Mr. A does a drive-by on a house intending to kill Mr. X, and they fail to kill Mr. X but do kill Mrs. Y who happens to be walking by the house, they're going to get charged with the murder of Mrs. Y. Or, if Mr. A plants a bomb at a location intending to kill Mr. X and they do kill Mr. X and also kill Mrs. Y and Mr. Z who are in the same place, they're getting charged with 3 murders, not 1.

I don't think it would get the death penalty in California, though.