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I may be doin' it wrong, but I thought you had to have intent to kill someone in order to be charged with murder..Well the question was 'should they get charged' not 'would they get charged'.
I do not think the employer should be charged with the same thing as the killer.The killer is getting charged too obviously, the question is to what degree is the employer guilty.
I think most people would say that it's morally impermissible to kill someone in cold blood. This is essentially what person Y did to person Z, under orders from person X to "rough up" person Z. Given that there is evidence which proves person X did not directly order / hire to kill, person X should be charged, but not to the degree or extent of which person Y should be charged.Well the question was 'should they get charged' not 'would they get charged'.
If I have a gun and I shoot someone without intending to kill them but I did, I should still be charged with murder. The same thing applies in your scenario. However I would argue that intent should factor into sentencing. And someone who did kill someone else accidentally should be sentenced less severely than someone who did intent to kill someone.X hires Y to rough up Z. Y however, overdoes it and ends up accidently killing Z. Now, supposing it can be proven that X only ordered Y to rough up Z, and didn't want Z killed, how should X be charged?
X should be charged with intent to assault,or the legal equivalent.X hires Y to rough up Z. Y however, overdoes it and ends up accidently killing Z. Now, supposing it can be proven that X only ordered Y to rough up Z, and didn't want Z killed, how should X be charged?
But X wasnt the one shooting the gun.If I have a gun and I shoot someone without intending to kill them but I did, I should still be charged with murder.
I agree here.The same thing applies in your scenario. However I would argue that intent should factor into sentencing.
This is also true.But we aren't sentencing Y the murdering, we are sentencing X the one who hired Y to "rough up" Z.And someone who did kill someone else accidentally should be sentenced less severely than someone who did intent to kill someone.