The film is quite long.
Talk about Taylor's coming-of-age ceremony " Second Degree Murder " ( Second Degree Murder) in the film .
I only saw "first-degree murder" and "second-degree murder" in American dramas before, and I didn't study it carefully. I went to Google to check "second-degree murder" with this movie.
"Second-degree murder" is one of the crimes of murder in the Anglo-American law system. "First-degree murder" is the most serious. The second degree of "second-degree murder" is the second degree of severity, and it is established when one of the following conditions is met: A. Intentional killing without premeditated, also resulting in death B. The intention was to cause serious injury but cause death C. Completely ignore life , Resulting in death. Next, I will explain these three concepts separately, during which I also want to talk about the three crimes of "intentional homicide", "negligence homicide" and "story injury" in the domestic criminal law.
A. Intentional killing without premeditated , resulting in death
This is easy to understand. "Premeditating" means that you have to be prepared and you have to be guilty in advance. If there is no premeditated murder, but only a temporary intentional killing, resulting in death, then it is a second-degree killing. Example: Jerry and Tom are neighbors, and the two discussed the fence issue. Tom did not agree with Tom during the discussion, so he shot Jerry Biu, and Tom was charged with "second-degree murder" by the prosecutor. In the country, this case is directly intentional. Tom will be charged with "intentional homicide" without the first to judge whether there is premeditated or not for classification.
B. I only wanted to intentionally cause serious injury , but caused death as a result
This sentence pattern is "I thought...but...", which means that the death result was not what the suspect expected. The suspect wanted to intentionally hurt, but he did not expect the victim to die. Modify the above example: Tom has been complaining for a long time. I saw that Jerry was unhappy. He used the fence to discuss and tried to chop Jerry with an axe. Unexpectedly, Jerry lost too much blood and died, so Tom was accused of "second-degree murder." In comparison with China, Tom had intentional intention to injure, but no intention to kill, and objectively caused Jerry's death. Subjectively and objectively, the scope of "intentional injury" was the same, so it constituted "intentional injury causing death" instead of "intentional homicide." Of course, if the part Tom cuts is a fatal move, it doesn't matter whether Tom's subjective homicide was intentional or not, he will directly decide "intentional homicide".
C. Completely ignore life and cause death
If a person is victimized and died, the reason is that the suspect's extreme disregard for life constitutes a "second-degree murder." It is still modified from this example: Tom and Jerry discussed the issue of the fence. Tom was very annoyed when discussing, and he randomly fired a shot at the surroundings. Just because there were neighbors watching the lively neighborhood, the gun hit one of them. Here, Tom did not intend to kill Jerry, nor did he intend to kill anyone, just because he ignored his life and killed one person with a random shot, so he constituted a "second-degree murder." Compared with China, there is a circle of people watching the excitement around Tom, and Tom should "knowingly" that a shot might hit someone, and then he would adopt a "indulgence" mentality, leading to death. This kind of behavior is an indirect and deliberate "intentional homicide."
In addition, there is actually another charge, Manslaughter, which can easily be confused with "second-degree murder." What is "Manslaughter"? That is, murder without premeditated. At first glance, it looks very similar to the concept of A in "second-degree murder". What needs to be emphasized here is that although the same is "no premeditated murder", Manslaughter usually occurs in the situation of " heat of passion ", in this situation Down, a sane person's mood or psychology has changed dramatically, thus killing others. For example: Jack went home and found that his wife Mary had an affair with Eddie, a stranger, and was caught in bed. Jack was extremely angry and picked up the golf club at home and hit Eddie on the head, causing him to die. Here, the "heat of passion" happened, and Jack killed someone to form a Manslaughter. Except for this, the killing will be charged as a first-degree or second-degree murder. Manslaughter is generally translated as "manslaughter", and the sentence is lighter than first- and second-degree murder. But this kind of situation will be directly classified as "intentional homicide" or "intentional injury resulting in death" in the country. Because there is no such thing as "passionate killing" in China, the plot of "being passionate" will be considered by the judge when sentencing.
After introducing the legal concept of "second-degree murder", let's take a look at it in conjunction with the plot of the movie. First of all, I spliced the screenshots of the movie to streamline and restore the scene of the crime.
Taylor is a wrestler (18 years old) who wants to find his girlfriend to get back together and tells his girlfriend that he has given up his plan to abort her. But obviously, his girlfriend thought he was a person who "never thought of her". In addition, during the quarrel, Taylor misunderstood that she had sex with someone else, so she was determined not to pester him anymore. In the process, Taylor inadvertently used all his strength to knock him to the ground with a punch, and immediately bloodied the floor. He panicked. The first thing he thought was to escape. As expected, he was quickly arrested by the police, and his girlfriend died because he didn't get help in time. Next, let's take a look at the trial scene.
This case took place in Florida, USA. The information in Wikipedia shows that if a second-degree murder is convicted, the maximum penalty is life imprisonment. Then, if gun fire is used, the minimum penalty is 25 years; if there is no criminal record, the minimum penalty is 10 years.
In the movie, Taylor should have reached a plea agreement with the prosecutor, and the judge finally found him guilty of "second-degree murder" and sentenced him to life imprisonment, but he was granted "parole" on the condition that his sentence expired after 30 years. "Parole" is very common in penalties in the United States. After paying the parole, the criminal suspect or the person serving the sentence can be exempted from the "prison" situation. But parole does not mean innocence, or the end of the sentence early, but only opens up the net of "personal freedom", and once "offends", will be immediately sent to prison. Taylor established the "second-degree murder" because he met the aforementioned condition A "intentional killing without premeditated". Taylor met his girlfriend with a reconciled mentality, but the misunderstanding was getting bigger and bigger. There was no chance to make up for it, and his girlfriend was hit hard with anger. Manslaughter is not established here because: Before the incident, Taylor was not a completely rational person. First of all, he drank alcohol; secondly, he came to see his girlfriend with a mentality of "blaming his girlfriend for blacking him". Of course he did not premeditate to murder his girlfriend, but was too angry and punched too hard (at that moment he completely forgot that he was a wrestler). In fact, if he didn't choose to escape at the time but actively rescued him, if his girlfriend survived, he would not get such a heavy "mature gift". The sentence given by the judge is very heavy, meaning that he has the opportunity to return to society only after the age of 48.
After talking about "second-degree murder" rationally, I suddenly wanted to talk about movies. A very European and American style of "the price of growth" for teenagers, but also raises family issues. The part of the movie "Brother" is "Tear the wound", and the part of "Sister" is "Heal the wound". At the age of 18, he is a contradiction in the general sense. He has the greatest courage in the world and the weakest personality in the world. The wave of love and hatred makes the concept of responsibility very vague, and it is easy for young people to pay. cost. While this family is superficially harmonious, it is not. The ex-wife died of taking drugs. The father took two children and married a woman. The woman was a doctor. The father operated the management. The children were taken care of by the stepmother most of the time. My father wanted to maintain this family well, but the core layer was his relationship with this woman. But just as the woman yelled to her son "you forced him" after serving his sentence, the father transferred the pressure to his son because he wanted to keep everything safe. However, this increased Taylor's sense of instability, and he would think that he would be abandoned at any time. In addition, it coincided with the devastating blow to his sports career by injury, the news that his girlfriend was pregnant, and the fierce quarrel, he was blackmailed by his girlfriend and broke up. He was panicked as expected. He could not digest the ensuing events. At that moment, he hated the family to death. He pierced and spurned this hypocritical family mask, and then punched the most beloved one with a punch. It's all over, too sad! I personally think the "sister" part is too long, so the film is very full, but it loses a lot of aftertaste. Although on the surface the younger sister gradually entered into the love of the older brother, the younger sister is still healing herself. Her love is not copying her elder brother, but naturally revealing the best things in her growth, but she hasn't slowed down, and her rebuke to herself and her father lingers in her heart for a long time, until she chats with her father, she says everything. . The family is not maintained, but a natural connection of love. Only when the mentality of everyone in the family relationship is balanced, they will courageously and peacefully deal with the relationship with the world.
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