Religion
In reply to the discussion: OR couple whose daughter died untreated wants faith-healing beliefs kept from jury [View all]Brettongarcia
(2,262 posts)Last edited Sun Apr 27, 2014, 09:54 AM - Edit history (1)
"Homicide -- First Degree Murder -- Aggravating Circumstance -- Murders of Sisters --
Common Motive and Modus Operandi
State v. Cummings, 332 N.C. 487 (1992) 422 S.E.2d 692 Page 490
The trial court did not err in submitting the course of conduct aggravating
circumstance to the jury in a first degree murder prosecution based on defendant's
murder of the victim's sister some twenty-six months after the victim's murder
where the evidence showed that the motive and modus operandi were similar in
both murders."
http://www.ncdistrictattorney.org/caselawbank/MOTIVE-final.pdf
It would presumably be easy to show that since our faith-healing defendants' church often killed people through faith-healing, a consistent pattern or method of operation could be located. This would also be relevant to showing that the defendants should have known better; and were therefore exhibiting reckless endangerment, or a "depraved indifference to human life," also part of Murder 2.
"Intent" to harm is important in criminal cases. By many it is said that that "motive" is not considered, but only in the sense that it seemingly does not play a direct role in proving the "intent" to murder, say. Yet motive is often considered by judges, to explain the background of intention. In one English survey:
"To conclude, it can be said that with regard to the cases examined above we can say that motive is part of the elements examined by judges and jury to reach a decision since it allows them to have a complete picture of the events. However, it can be argued that motive is really synonymous with intention since intention seems to be opened to many interpretations. William Wilson in particular refers to the problem raised by the definition of intention "
http://www.essay.uk.com/coursework/motive-is-synonymous-with-intention.php
http://www.essay.uk.com/coursework/motive-is-synonymous-with-intention.php