Tuesday, April 9, 2013
Wendigo Prosecutor
The defendant should be charged with manslaughter and be found guilty by a jury of his/her peers. The court recognizes the private practices and beliefs of the Indian Tribe, although that does not warrant killing someone in cold blood because of what you thought you saw. The defendant should have fully investigated before acting on their own. Even if the defendant were to call the authorities, it would have been handled in a proper manner. Due to the wrong judgement of the defendant an innocent persons life was taken.
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I understand that my client made a huge mistake with let him to fire at someone, but in his defense he didn't want to hurt a human being instead wanted to protect himself and other by what he had assumed it to be. He didn't think of the victim as a person but as a evil spirit who eats human beings, he couldn't fully investigate before acting because he was to worried about the consequences that it may have caused himself and other if that evil spirit attacked someone. In his defense he was trying to protect himself and other but that led to a bad judgement, but he didn't act on this intentionally.
ReplyDeleteYou are right, Andrew, that cultural beliefs do not “warrant” killing someone, but it may excuse a person’s act. You also insinuate that the defendant killed his victim in “cold blood”, but as Kanchan points out, given his belief in a Wendigo he did not intend to kill a human being, but a dangerous creature. Kanchan insists that he made a mistake, namely a bad judgement based on a cultural belief, so wouldn’t that excuse his action?
ReplyDeleteSheneika posted the following on her blog:
ReplyDeleteIf you truly recognize the beliefs of this tribe it is reasonable to consider the position that the defendant was in. According to his beliefs, his judgement was not wrong and therefore his act is excusable. The defendant in this particular situation made a mistake when he challenged and fired at the victim. But he did not have the required state of mind necessary to consider it manslaughter. His intention was not to kill a human being. His actions are both justifiable and excusable.