Wow. Pardon the pun, but this is BIG news!
As usual, Bethel is trying to pin its mandates as being the parents own acts, not Bethel's coordinated effort. Similar to 1975, where the brothers are now blamed for misunderstanding.
What's more chilling is that posters are also corroborating this news story with their own accounts. Also, didn't Lawrence Hughes say that the Watchtower took Bethany into hiding? Is this a pattern and practice of the Watchtower?
If true, is Bethel doing something that is criminal? Is it negligent homicide? Is it evading a court, somehow?
[edit] Canada
As defined in the Criminal Code of Canada, murder is a culpable homicide with specific intentions.
Culpable homicide is defined as causing the death of a human being,
- By means of an unlawful act;
- By causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
- By wilfully frightening that human being, in the case of a child or sick person. [ 52 ]
Culpable homicide is elevated to murder when
- The person who causes the death of a human being means to cause his death, or means to cause him bodily harm that he knows is likely to cause his death and is reckless whether death ensures or not;
- A person meant to cause the death of a human being or cause him bodily harm that he knows is likely to him death, and by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that person (see transferred intent); or
- A person, for an unlawful object, does anything he knows is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being. [ 53 ]
[edit] First and second degree
In Canada, murder is classified as either first or second degree. [ 54 ]
- First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) committed against an identified peace officer, (4) while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking), (5) while committing criminal harassment, (6) committed during terrorist activity, (7) while using explosives in association with a criminal organization, or (8) while committing intimidation. [ 55 ]
- Second degree murder is all murder which is not first degree murder. It could be "spur of the moment".
[edit] Manslaughter and infanticide
- Manslaughter is any culpable homicide which is not murder or infanticide. [ 56 ]
- Infanticide is the killing of a newly-born child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation. It is a type of homicide but is excluded from murder. [ 57 ]
[edit] Causation
In addition, depending on the type of homicide offence, there may be different degrees of causation that the prosecutor is required to prove. The general test for causation in all homicide offences is a significant contributing cause of the victim's death. If the jury finds that the accused committed the murder in the context of one of the offences listed above (criteria (4) of first degree murder), then the jury must be satisifed the accused was a substantial cause of the victim's death before finding the accused guilty of first degree murder. [ 58 ]
The mandatory sentence for any adult (or youth sentenced as an adult) convicted of murder in Canada is a life sentence, with various time periods before a person may apply for parole. The ability to apply for parole does not mean parole is granted.
Offence/circumstances | Parole ineligibility period |
---|
Second degree murder | 10–25 years |
Second degree murder by an offender previously convicted of murder | 25 years |
Second degree murder (16 or 17 years old at time of the offence) | 7 years |
First degree murder | 25 years |
First degree murder (16 or 17 years old at time of the offence) | 10 years |
First/second degree murder (14 or 15 years old at time of the offence) | 5–7 years |
Someone guilty of a single murder could be have his non-parole period reduced to no less than 15 years under the Faint hope clause.
There is a clause under which a person convicted of any "personal injury offence" meeting the statutory criteria may be declared a "dangerous offender". A dangerous offender is sentenced for an indeterminate period of imprisonment and is eligible for parole after serving at least 7 years. An offender convicted of 1st or 2nd degree murder is ineligible to be declared a dangerous offender. However, an offender convicted of manslaughter can be declared a dangerous offender.
A youth (12 years old or older) who is not sentenced as an adult does not face a life sentence. Instead, if convicted of first degree murder, they must serve a maximum sentence of 10 years, with a maximum of 6 of those years spent in custody. If convicted of second degree murder, they must serve a maximum of 7 years, with a maximum of 4 of those years spent in custody. [ 60 ]