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To ask why jurors think manslaughter is acceptable as "loss of control" when death takes over 1min?

87 replies

Thisissuss · 27/03/2025 10:58

Curious to see what legally constitutes "loss of control" I suppose. Keep seeing women being murdered by strangulation then the guys finishing it off with a weapon they've left the room to get being given under 10 years because they clearly "couldn't help themselves".

Strangulation takes a long time...

OP posts:
Thisissuss · 27/03/2025 13:34

Winifredtabago · 27/03/2025 13:33

So you think people should teach their sons that murder is bad and dont hang around with murderers? As if that needs explaining to any decent person male or female.

You haven't even thought about listening to it, have you.
It never starts with murder, that is the point.

OP posts:
Thisissuss · 27/03/2025 13:33

glitterturd · 27/03/2025 13:32

I went to one of these shows and you were only supposed to listen to the evidence presented like a juries . He actually took the hammer from his workshop and parts of it centred around when he did that. Yes the question was how long can you lose your mind for.

It is also place dependant. As I said, they wouldn't have done it in a car (where they might be injured) or with a man around. It is premeditated on that front at least.

OP posts:
Winifredtabago · 27/03/2025 13:33

Thisissuss · 27/03/2025 13:28

Violent men are violent to all, not just women. Maybe listen to it?
If your son has a friend who has a violent past, you may want them to consider how that kind of person is impacting your son's ideology.

So you think people should teach their sons that murder is bad and dont hang around with murderers? As if that needs explaining to any decent person male or female.

glitterturd · 27/03/2025 13:32

Thisissuss · 27/03/2025 13:13

Here was the show I think we are both thinking of
https://www.channel4.com/programmes/the-jury-murder-trial

I went to one of these shows and you were only supposed to listen to the evidence presented like a juries . He actually took the hammer from his workshop and parts of it centred around when he did that. Yes the question was how long can you lose your mind for.

Mobe · 27/03/2025 13:31

Thisissuss · 27/03/2025 13:26

If you watch that 4Od show you can see what happens in the minds of the jurors. It is clearly based in misogynistic understanding "women wind men up".

Could you share the case you are talking about? We know most murders are committed by men and women who murder are likely to have mental health diagnosis.

Edited

I've seen it and the problem is the show set up. Juries are given much more direction and guidance by a judge , on the show they made it up as they went along.
Also clearly the jury were recruited to be controversial!

I can't share the case as I encountered it in my professional life.

MoMhathair · 27/03/2025 13:30

Winifredtabago · 27/03/2025 13:28

What a load of baloney!

I'm not sure what your comment means.

MoMhathair · 27/03/2025 13:29

In a world where men are expected to be strong and silent and express no emotion except anger, the 'loss of control' argument does make sense - it is a logical consequence of people being unable to deal with their emotions properly.

Ideally in a world where you expect people to use their fucking words, you don't accept a situation in which someone becomes so unable to cope that they snap. Situations in a which a person is being manipulated, coerced or abused are different to my mind - in those situations you could argue self defence rather than loss of control, although you could see how loss of control would apply in a situation where a person feels hopeless and genuinely thinks they have no other way out.

Thisissuss · 27/03/2025 13:28

Winifredtabago · 27/03/2025 13:26

Making their sons aware of what?

Violent men are violent to all, not just women. Maybe listen to it?
If your son has a friend who has a violent past, you may want them to consider how that kind of person is impacting your son's ideology.

OP posts:
Tiswa · 27/03/2025 13:28

It is about mens rea - the guilty mind or the idea of intent. Murder at its heart is about doing something with the intent to kill. Which is actually hard to prove in some instances that the intention of the act caused death.

Manslaughter is simply the fact that doing the act caused the death.

Sentencing is where the other difference is. murder is a mandatory life sentence - manslaughter is discretionary.

the fact it is seen as Manslaughter isn’t the issue - on the strict definition of the law it has to be - you can never 100% prove intent. Where the problem lies is the discretion of sentencing and the lower sentences that can be given out

Jurors have no control over that - a guilty manslaughter verdict could easily give a life sentence. It is the judge that decides on that

Winifredtabago · 27/03/2025 13:28

MoMhathair · 27/03/2025 13:06

There are very similar issues around rape, where the default belief seems to be that a man will attack a woman if he ever gets the chance and therefore it's up to the woman to prevent that as best she can. It's been challenged in recent years but it does reveal how incredibly biased the justice system is - basically trying to give men a free pass for their 'natural' behaviour (rape, rage) as much as possible as though the poor babies can't help it!

What a load of baloney!

Mobe · 27/03/2025 13:27

Thisissuss · 27/03/2025 13:17

Quite - theft is an interesting one to apply it to.
I was hungry so I stole food, I smelled so I stole aftershave, I was poor so I stole their TV - ah that's completely fine, loss of control. Takes far less time to whip something into a pocket than to strangle someone then smash in their head.

Maximum of 7yrs for theft in UK. Man who killed Angela Crompton got 4 years.

Edited

There's a difference between impulsivity and loss of control

Loss of control is an extreme state of arousal, an activation of the sympathetic nervous system, in response to being in a 'threat' state, by an otherwise reasonable and ordinary person

Winifredtabago · 27/03/2025 13:26

Thisissuss · 27/03/2025 12:53

Thank you for posting this. All women should be listening to this and making their sons aware.

I found myself wondering the other day how many men who have attacked women and got a key to the face have said they were mugged by a bloke to friends and family instead. I bet there's some correlation there too, having to be the victim.

Edited

Making their sons aware of what?

Thisissuss · 27/03/2025 13:26

Mobe · 27/03/2025 13:23

You're talking about one particular case, and I agree, that in this case it was controversial.

I don't think you can extrapolate from that though.

I do disagree that a rage 'lasts 10 seconds'. Once people are in a heightened stage of arousal there is no defined length of time that lasts for

Also women can and have used this defence, although it's not a particularly common one. I've seen a woman successfully use it for killing her children.
Like allegedly in this case, her husband had been isolating her and abusing her, and one day she snapped.

If you watch that 4Od show you can see what happens in the minds of the jurors. It is clearly based in misogynistic understanding "women wind men up".

Could you share the case you are talking about? We know most murders are committed by men and women who murder are likely to have mental health diagnosis.

OP posts:
MoMhathair · 27/03/2025 13:24

FortyTwoDegrees · 27/03/2025 13:21

Yes, and it's a lot less ... what's the word ... dangerous? Terrifying?

To actually kill someone, face to face ... horrific. Stealing food from a large faceless corporation is worlds away.

ETA - also if we were talking about stealing food specifically, that meets a basic human need. Killing someone doesn't (unless actual self-defence as they are trying to kill you.)

Edited

There is a serious effort underway to prevent most women accused of a crime from being sent to prison - barring violent or serious crime. This is because the vast majority of crimes committed by women are crimes of necessity - they are starving, their children need something, they are being coerced. It doesn't make sense to send women like that to prison, it serves no purpose. Interesting part of the justification for this approach is that even the most disadvantaged, desperate woman generally has a number of people who rely on her - children, parents, friends - so putting them in prison has a very negative ripple effect.

At times I think if you looked objectively at men and women and how they behave you'd be forgiven for thinking they were entirely different species.

Mobe · 27/03/2025 13:23

You're talking about one particular case, and I agree, that in this case it was controversial.

I don't think you can extrapolate from that though.

I do disagree that a rage 'lasts 10 seconds'. Once people are in a heightened stage of arousal there is no defined length of time that lasts for

Also women can and have used this defence, although it's not a particularly common one. I've seen a woman successfully use it for killing her children.
Like allegedly in this case, her husband had been isolating her and abusing her, and one day she snapped.

MoMhathair · 27/03/2025 13:21

MoMhathair · 27/03/2025 13:20

There are mitigations for theft. So for example, if we were in a relationship and you were controlling me, then I stole your money and ran away, I may not be convicted if the defence could show I was under duress and trying to escape.

That said, it's only very recently that coercive control has been recognised as a crime, largely because it's a tactic men use against women.

FortyTwoDegrees · 27/03/2025 13:21

Thisissuss · 27/03/2025 13:17

Quite - theft is an interesting one to apply it to.
I was hungry so I stole food, I smelled so I stole aftershave, I was poor so I stole their TV - ah that's completely fine, loss of control. Takes far less time to whip something into a pocket than to strangle someone then smash in their head.

Maximum of 7yrs for theft in UK. Man who killed Angela Crompton got 4 years.

Edited

Yes, and it's a lot less ... what's the word ... dangerous? Terrifying?

To actually kill someone, face to face ... horrific. Stealing food from a large faceless corporation is worlds away.

ETA - also if we were talking about stealing food specifically, that meets a basic human need. Killing someone doesn't (unless actual self-defence as they are trying to kill you.)

MoMhathair · 27/03/2025 13:20

FortyTwoDegrees · 27/03/2025 13:16

I wonder if it ever applies to lesser crimes? It's only the murders we hear about.

If someone was manipulated and cruelly hurt by a person then, I dunno, stole something from them and ran away, or said something threatening to them, would the "loss of control" in the heat of the moment thing count as a defence in court?

There are mitigations for theft. So for example, if we were in a relationship and you were controlling me, then I stole your money and ran away, I may not be convicted if the defence could show I was under duress and trying to escape.

MoMhathair · 27/03/2025 13:18

Thisissuss · 27/03/2025 13:15

Yes, that show has been eye opening for the male reactions.

I just imagine if they do that when behind the wheel, thousands of people would end up dead every day. They can control themselves in some situations, but not when they have someone weaker somewhere private.

It's eye opening if you take note of how male and female reactions are shown in fiction. Women may shout and scream but often they are silent, or peacekeeping. Very very rarely do they act out or get into a rage. By contrast, if there is a male character under stress you can be pretty much guaranteed that at some point they will behave in a selfish/cruel or violent way. In that sense Adolescence was very very run of the mill - the mother and female psychologist stayed silent or cried, while the boy and men were violent and loud.

Men need to cop the fuck on.

Thisissuss · 27/03/2025 13:17

FortyTwoDegrees · 27/03/2025 13:16

I wonder if it ever applies to lesser crimes? It's only the murders we hear about.

If someone was manipulated and cruelly hurt by a person then, I dunno, stole something from them and ran away, or said something threatening to them, would the "loss of control" in the heat of the moment thing count as a defence in court?

Quite - theft is an interesting one to apply it to.
I was hungry so I stole food, I smelled so I stole aftershave, I was poor so I stole their TV - ah that's completely fine, loss of control. Takes far less time to whip something into a pocket than to strangle someone then smash in their head.

Maximum of 7yrs for theft in UK. Man who killed Angela Crompton got 4 years.

OP posts:
FortyTwoDegrees · 27/03/2025 13:16

I wonder if it ever applies to lesser crimes? It's only the murders we hear about.

If someone was manipulated and cruelly hurt by a person then, I dunno, stole something from them and ran away, or said something threatening to them, would the "loss of control" in the heat of the moment thing count as a defence in court?

Thisissuss · 27/03/2025 13:15

Yes, that show has been eye opening for the male reactions.

I just imagine if they do that when behind the wheel, thousands of people would end up dead every day. They can control themselves in some situations, but not when they have someone weaker somewhere private.

OP posts:
MoMhathair · 27/03/2025 13:14

Thisissuss · 27/03/2025 13:10

I don't think anyone straddling a woman applying great pressure to her neck for a minute then finishing her off with a hammer is "in the moment or unintentional" though, do you? If you mean to do something for more than 10 seconds of continuous effort, it's not a "passing rage".

Edited

I agree. However, the only emotion men are allowed to feel is anger/rage, so it makes sense they built a whole justice system around the fallout of that - i.e. men are naturally going to become so furious that they can sustain an attack for minutes on end, but they can't be held fully responsible because for those minutes they are out of control.

It reminds me of the scene in Adolescence (spoilers) where the dad freaks out at the teenagers harassing him. In many men's minds that's understandable behaviour, regardless of the fact that he hurt a young person and upset his family hugely. Men are such dysfunctional beings that we have to accept that violent, destructive behaviour part of their expected modus operandi.

Thisissuss · 27/03/2025 13:13

FortyTwoDegrees · 27/03/2025 13:12

She threw a cup at him.
So he strangled her... and then went and got a hammer?

Fucking hell, there is no defence. You could just about stretch it to understand if he'd slapped her, but actually going to fetch a hammer? No way.

And he could have avoided it all by walking away much, much earlier.

Here was the show I think we are both thinking of
https://www.channel4.com/programmes/the-jury-murder-trial

Watch The Jury: Murder Trial | Stream free on Channel 4

How much can we trust our justice system? In this landmark experiment, a real-life murder trial is restaged in front of two juries of ordinary people. Will they both reach the same verdict?

https://www.channel4.com/programmes/the-jury-murder-trial

OP posts:
FortyTwoDegrees · 27/03/2025 13:12

Fluffypotatoe123987 · 27/03/2025 11:20

I watched something on this. The man has been manipulated by a later with multiple mh conditions bpd eupd narsasistic etc she had a lot of character references from other partners etc of being like that and her mum etc. One day she threw a cup at him and he flipped and strangled then went got the hammer and killed her. So pushed over the edge.

She threw a cup at him.
So he strangled her... and then went and got a hammer?

Fucking hell, there is no defence. You could just about stretch it to understand if he'd slapped her, but actually going to fetch a hammer? No way.

And he could have avoided it all by walking away much, much earlier.

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