Great point. In this case, I think that they did the right thing. They determined that he was guilty of murder, then they sentenced accordingly.
How could you separate the two? If the person was found guilty of crime A, then how could you sentence for a lesser crime? I don't think that the two phases can possibly be mutually exclusive. The sentence should totally be based on the conviction. For instance: If I get a vehicular homicide charge for recklessly driving down a pedestrian, with me as the only witness, how could you justify only sentencing me for a reckless driving? (90 day maximum sentence here in NH) At 01:59 PM 12/14/2004, you wrote: >Again, your argument is against the conviction for murder, NOT the sentence >of death. When in the penalty phase, you can't say "well, i'm not sure I >want to kill him because well, the case was only circumstantial" > >If the case was circumstantial, and you aren't sure about it, you never >should of convicted him in the first place!!!!! Thats what I mean by the two >phases have to almost completely separate. > > > > >> Ray wrote: > >> What about the concrete that was supposedly used to 'fix his driveway', > >> yet > >> none of that brand of concrete was found in his driveway? That, the > >> phone > >> conversations, has me convinced. > > > > As to the concrete - let's say I decide to fix my driveway and go to > > Home Despot and buy a few sacks of concrete. When I get back my > > neighbor says he has half a bag I can have so I use that. > > Implausible? Also, I don't think the concrete he purchased was ever > > linked to anything used in the murder was it? > > > > As to the phone conversations, if I remember right he always denied > > killing his wife. He did make a few mentions which implied she was > > dead, but maybe he didn't really care and just figured she was. It > > makes him cold, but not a killer. > > > > Then there was the hair on the pliers - ok, but that doesn't prove > > anything, they were married. My wife's hair is in and on EVERYTHING > > we own (I'm a little touchy about that :) > > > > Overall I'm pretty sure there was no murder scene and no physical > > evidence that tied him physically to anything. How can you justify > > killing a guy with, "well you were the husband, you were cheating on > > her, and there's some questionable items about." > > > > Also, I think there was an inheritance that he missed out on because > > she was dead. > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Special thanks to the CF Community Suite Silver Sponsor - New Atlanta http://www.newatlanta.com Message: http://www.houseoffusion.com/lists.cfm/link=i:5:139843 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54 From jeff Tue Dec 14 19:13:09 2004 Return-Path: [EMAIL PROTECTED] Delivery-Date: Tue Dec 14 11:13:09 2004 Return-path: <[EMAIL PROTECTED]> Envelope-to: archive@mail-archive.com Delivery-date: Tue, 14 Dec 2004 11:13:09 -0800 Received: from exprod5mx124.postini.com ([64.18.0.38] helo=psmtp.com) by toko.jab.org with smtp (Exim 3.36 #1 (Debian)) id 1CeI6e-0007rz-00 for <archive@mail-archive.com>; Tue, 14 Dec 2004 11:13:09 -0800 Received: from source ([204.122.16.69]) by exprod5mx124.postini.com ([64.18.4.10]) with SMTP; Tue, 14 Dec 2004 11:15:48 PST Received: from ultra6.eskimo.com (IDENT:[EMAIL PROTECTED] [127.0.0.1]) by ultra6.eskimo.com (8.12.10/8.12.10) with ESMTP id iBEJDPSp032729; Tue, 14 Dec 2004 11:14:46 -0800 Received: (from [EMAIL PROTECTED]) by ultra6.eskimo.com (8.12.10/8.12.10/Submit) id iBEJDNhZ032699; Tue, 14 Dec 2004 11:13:23 -0800 Resent-Date: Tue, 14 Dec 2004 11:13:23 -0800 X-Authentication-Warning: ultra6.eskimo.com: smartlst set sender to [EMAIL PROTECTED] using -f Message-ID: <[EMAIL PROTECTED]> X-Priority: 3 Reply-To: [EMAIL PROTECTED] X-Mailer: EarthLink MailBox 2004.1.42.0 (Windows) From: "Frederick Sparber" <[EMAIL PROTECTED]> To: "vortex-l" <[EMAIL PROTECTED]> Subject: Re:OFF TOPIC Keeping up with the times.... Date: Tue, 14 Dec 2004 12:11:53 -0600 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_84815C5ABAF209EF376268C8" X-ELNK-Trace: 0b1c9d71006e06a171639b933de7ae6f7e972de0d01da940f49ad1e93e2f9210cdaf61384c4839a9350badd9bab72f9c350badd9bab72f9c350badd9bab72f9c X-Originating-IP: 4.240.165.121 Resent-Message-ID: <[EMAIL PROTECTED]> Resent-From: [EMAIL PROTECTED] X-Mailing-List: <[EMAIL PROTECTED]> archive/latest/56958 X-Loop: [EMAIL PROTECTED] List-Post: <mailto:[EMAIL PROTECTED]> List-Help: <mailto:[EMAIL PROTECTED]> List-Subscribe: <mailto:[EMAIL PROTECTED]> List-Unsubscribe: <mailto:[EMAIL PROTECTED]> Precedence: list Resent-Sender: [EMAIL PROTECTED] X-pstn-levels: (S: 7.80273/99.70816 R:95.9108 P:95.9108 M:94.8624 C:98.9754 ) X-pstn-settings: 1 (0.1500:0.1500) gt3 gt2 gt1 r p m c X-pstn-addresses: from <[EMAIL PROTECTED]> [294/10] X-Spam-Checker-Version: SpamAssassin 2.64 (2004-01-11) on toko.jab.org X-Spam-Level: X-Spam-Status: No, hits=-4.3 required=4.0 tests=BAYES_00,HTML_MESSAGE, MIME_BOUND_NEXTPART autolearn=no version=2.64 ------=_NextPart_84815C5ABAF209EF376268C8 Content-type: text/plain; charset=US-ASCII Jones Beene wrote: > > The next message, not this one, should be more on-topic. It > will be a mini-essay entitled "Beyond Cold Fusion and the Hydrino". > In anticipation of this blockbuster: :-) The magnetic field calculator in the GSU link shows that a quark (energy loop or disk) with a radius of 4.6e-18 meters and a displacement current of 1.66e6 amperes has a B field of 2.26e17 Tesla at it's center which tapers off (by 1/R^3) to 2.26e7 Tesla at 1.0e-14 meters, and 0.000149 Tesla at the 5.3e-11 meter Bohr Radius. With three quarks (energy loops or disks) working together, the B field from the proton is 3 times this at the data points. OTOH, the electron (energy loop or disk) with a radius of 2.81e-15 meters and a displacement current of 2,719 amperes has a B field of 6.07e11 Tesla at it's center tapering off to 1.2e10 Tesla at 1.0e-14 meters, but still strong (0.09 Tesla) or 911 gauss at the 5.3e-11 meter Bohr radius. http://www.conformity.com/0102reflections.html http://hyperphysics.phy-astr.gsu.edu/hbase/magnetic/curloo.html#c1 If the magnetic field of the electron repels the proton field or balances the 8.0e-8 newton attractive electrostatic force between the electron and proton, how can you get a fractional orbit electron? Frederick ------=_NextPart_84815C5ABAF209EF376268C8 Content-Type: text/html; charset=US-ASCII <HTML style="FONT-SIZE: x-small; FONT-FAMILY: MS Sans Serif"><HEAD> <META http-equiv=Content-Type content="text/html; charset=windows-1251"> <META content="MSHTML 6.00.2600.0" name=GENERATOR></HEAD> <BODY> <P> <DIV>Jones Beene wrote:</DIV> <DIV> </DIV> <DIV>> </DIV> <DIV>> The next message, not this one, should be more on-topic. It <BR>> will be a mini-essay entitled "Beyond Cold Fusion and the Hydrino".</DIV> <DIV>> </DIV> <DIV>In anticipation of this blockbuster: :-)</DIV> <DIV> </DIV> <DIV>The magnetic field calculator in the GSU link shows that a quark (energy loop or disk) with a radius of 4.6e-18 meters and</DIV> <DIV>a displacement current of 1.66e6 amperes has a B field of 2.26e17 Tesla at it's center</DIV> <DIV>which tapers off (by 1/R^3) to 2.26e7 Tesla at 1.0e-14 meters, and 0.000149 Tesla at the 5.3e-11 meter Bohr Radius.</DIV> <DIV>With three quarks (energy loops or disks) working together, the B field from the proton is 3 times this at</DIV> <DIV>the data points.</DIV> <DIV> </DIV> <DIV>OTOH, the electron (energy loop or disk) with a radius of 2.81e-15 meters and a displacement current of</DIV> <DIV>2,719 amperes has a B field of 6.07e11 Tesla at it's center tapering off to 1.2e10 Tesla at 1.0e-14 meters,</DIV> <DIV>but still strong (0.09 Tesla) or 911 gauss at the 5.3e-11 meter Bohr radius.</DIV> <DIV> </DIV> <DIV><A href="http://www.conformity.com/0102reflections.html">http://www.conformity.com/0102reflections.html</A></DIV> <DIV> </DIV> <DIV><A href="http://hyperphysics.phy-astr.gsu.edu/hbase/magnetic/curloo.html#c1">http://hyperphysics.phy-astr.gsu.edu/hbase/magnetic/curloo.html#c1</A></DIV> <DIV> </DIV> <DIV>If the magnetic field of the electron repels the proton field or balances the 8.0e-8 newton attractive electrostatic force</DIV> <DIV>between the electron and proton, how can you get a fractional orbit electron?</DIV> <DIV> </DIV> <DIV>Frederick</DIV> <DIV> </DIV> <DIV> </DIV> <DIV> </DIV> <DIV> </DIV> <DIV><A href="http://www.conformity.com/0102reflections.html"></A> </DIV> <DIV> </DIV> <P></P></BODY></HTML> ------=_NextPart_84815C5ABAF209EF376268C8--