Sage_the_Lawyer

Hmm. I'm annoyed at my lawyer brain, all I can think about is how this would actually be a very interesting case. At least, based on my understanding of U.S. Torts law, which is not my practice area (but which is bar tested and a required law scool course). Don't take any of this as real legal advice.

But, there's a concept known as the eggshell plaintiff rule/doctrine. Basically, it states that if the person you injured is unusually fragile, you're on the hook for their injuries regardless of whether they're a typical result of the action you took. So, here, while the typical result of pulling a finger would be a fart, the puller may be on the hook for the entire damages of a lost arm.

However, undercutting that is the defense of consent. The "victim" here clearly consented to the activity which led to the injury, and should have known that the action may likely result in the loss of an arm, based on the lack of tendons/muscles/skin/everything.

I'm gonna have to save this to show at conventions and see how people think this would play out. I'll totally be the coolest kid in school then. In your face, Mark.

I don't get it. The rogue wanted the wizard to cast a spell. As a seasoned wizard player, I can say with certainty that fireball is our only spell. Rogue knew exactly what he asked for.

Seems like it's time to brush up on your spell work then.

I don't necessarily disagree with you. I don't think there's really a number of years to put on it to make it appropriate. But I'm sure the lawyers discussed all the points you raised in negotiating this sentence. These numbers aren't pulled out of our asses, there are guidelines (almost certainly, again, not barred in NY) which help ensure similarly situated defendants are sentenced similarly.

What I'd like to hear more about, is whether the judge also ordered some kind of anger management counseling. I think that's what she needs more than a longer sentence.

If we truly want to balance the goals of protecting the public, adequately punishing the defendant, and also rehabilitating her, I don't think a few more years either way is what makes the biggest difference. I think it more depends on what she does with that time. I'm not sure what the situation is like within New York prisons as far as counseling goes, but if they have good programs, it's hard for me to imagine, if she takes it seriously, that 8.5 years of good counseling wouldn't be helpful to her, and to society at large.

I also think she could make all those gains in counseling, again, if she truly takes it seriously, within a couple of years. But then, I could probably be convinced that 2-3 years isn't long enough for causing someone's death. I've seen people get that for having the wrong amount of weed on them.

But then we get into the larger discussion about the entire prison industrial complex. We need some kind of change with how our prisons operate. Exactly how that looks isn't the point here. I'm just trying to point out that there's a bigger picture in play, and hope that people will consider that in the future.

In the end, nothing we say here has any impact on her life or the issued sentence. But it might have a difference in how people perceive and talk about the system as a whole in the future, so I think it's important to not lose sight of that.

Defense lawyer here, though not in New York so take this all with a grain of salt, I just felt I should put my 2 cents in based on the vibes in this comment thread.

It is weird for a judge to go against a joint recommendation, which seems to have happened here. It takes something extraordinary. The article indicates that the judge felt she didn't truly feel remorse for her actions, which could do it, but doesn't always do it. But, to me, just the fact that the judge went against a joint recommendation will always raise an eyebrow. Usually, if the sentence isn't harsh enough, the prosecutor won't agree to it, and if it's too harsh, the defense won't agree to it. So joint recommendations are almost always followed.

Yes, it's "only" 6 more months, but that's really not insignificant.

Now, to all the people screaming about how it's not enough (and especially to the one person saying she should have her citizenship revoked (????)), I wonder, how many of you are also against the prison industrial complex we have here in America? I challenge you to think beyond your initial emotions. Is this death tragic? Yes, absolutely it is. It was senseless violence for no good reason. So I agree, it deserves a harsh punishment.

But everyone keeps calling it murder. Not every killing is a murder. I also want to challenge people to watch their language. Murder carries with it an intent to kill. A shove does not intend death, regardless of who is being shoved. No, it shouldn't have happened, yes, it's tragic, but it was not a murder.

Now, all of you calling for 20+ years, really think about what you're saying. Do you think this person has no chance of rehabilitation? Those are the people we put away for life. I don't think that's the case here. She fucked up. Obviously. She deserves to be punished harshly, and make no mistake, she is. 8.5 years is a LONG time. Think back to where you were 8.5 years ago. Were you the same person? I doubt it. Now, do you think she might better herself in those 8.5 years? I think it's very likely, though again, the prison industrial complex makes that less guaranteed.

Sentences have many goals. Some of the primary goals are punishment, protection of the public, and rehabilitation of the defendant. Does this sentence punish her? Yes, a lot. Does this sentence give her a chance for rehabilitation? I'm not sure on that one, but that's because it may, if anything, be too long, and cause her to get too used to life in prison, and increase her likelihood of recidivism. But that's not her fault, that's the fault of the prison industry. Does this sentence protect the public? I say yes. She lost her temper once and it's now going to cost her 9 years of her life (if you include the duration of the case). That's a hell of an incentive not to repeat.

Alright, I think that's all I really want to say. But please, everyone, in the future, try to think about how our prison system really works, and how much you support it, when you're discussing individual crimes, not just when you're talking about the system as a whole. I think most people on this site lean left, and therefore should support reducing the prison populations, but this comment section has me worried with everyone here frothing at the mouth to give MORE prison time, when the sentenced amount should be enough to satisfy our sentencing goals.

I got one off etsy, it's just 3d printed. Works fairly well, but the floss can get a little loose towards the end. But it's easy enough to fix.

Not quite as convenient as the individual picks, but FAR less waste. A trade off I'm happy to make.

The Civil Rights Act was passed in large part because of it. Is your argument that the Civil Rights Act changed nothing? Because that's silly. Or were you just not thinking, and trying to score internet points? Because that's also silly. You're being silly.

My understanding is that it was created in response to a ton of Musk spam which was primarily positive, when he was first emerging as a popular figure. People got fed up with hearing about him, and started Enough Musk Spam to point out how absolutely terrible he actually is.

Nowadays, there's much less positive Musk news, so it feels more like a misnomer. But it was started as an attempt to highlight how bad he is. Seems to have worked a bit, tbh.

So I don't have one yet, but it's on my list and I'm curious: what is it about it that makes you actually finish games?

Criminal defense attorney here, confirming this is correct in at least every jurisdiction I'm aware of.

But as always, it's best to contact a lawyer in the same jurisdiction of the court to know for sure.

Hi there, I'm a non-binary trans person, might be able to shed some insight here.

So, trans is a spectrum. You can be mtf, or ftm, or somewhere in between. Mtf and ftm are "binary" trans identities, because they fit into the typical gender binary. Trans women are women, trans men are men.

But there exists a whole spectrum in between there, which is where I live, which contains many different gender identities. These include genderfluid, demiboy, demigirl, agender, bigender, genderqueer, and many others. The shared characteristic is that they are not part of the binary male or female. You may also hear the umbrella term, enby (phonetically derived from NB, for Non-Binary).

These are still trans identities, because they are not cis. Cis means you identify with your assigned gender at birth (AGAB), trans means you don't.

What is right for any given person is really up to them to know what feels right. As for why we need labels in the first place, it's because it gives us a sense of belonging. It helps us feel seen. Like we're not going through this alone. Not everyone will identify with labels, and that's fine, but I've found that for the majority of trans people, having the labels helps them come to terms with who they really are.

When I was first figuring out that I wasn't cis, it was very confusing. There's a lot of information out there and it can be overwhelming. But seeing all the different labels helped me to learn how to talk about my experiences, and which genders I identified with more than others, and overall just made me feel like this was just something to figure out and think on, rather than it being something wrong with me. I knew I'd figure it out eventually, it was just a process of trial and error.

I can now proudly say I am bigenderfluid, which is a gender that I think I may have invented. But to me, it means that while my "ratio" of femme to masc presentation varies day to day, I always feel like a little bit of both. So, there's always two, thus bigender, but it's not firm, thus genderfluid.

Hope this helps! And I'm always happy to answer (good faith) questions, so feel free to ask any follow ups you may have.

Actually, here's my fun fact: Alaska is the farthest North, East, and West state in the U.S.