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View Poll Results: What are the chances a man could use this defense successfully
1 in 100 1 9.09%
1 in 1000 0 0%
1 in 100000 1 9.09%
slim just left town 8 72.73%
write in 1 9.09%
Voters: 11. You may not vote on this poll

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Old 02-13-2003, 08:09 PM   #1
slang
St Petersburg, Florida
 
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slang posts another poll

I was just reading Fox news online and spied the headline <a href="http://www.foxnews.com/story/0,2933,78482,00.html" <a> Clara Harris Found Guilty of Murder </a>. After I got up off the floor from reading that she "hit him accidently" (ran over him *how many times*?), I saw the the phrase "sudden passion" that describes her excuse for running her husband down.

Now, dead is dead. The method of execution is irrelevant. Or is it?

What are the chances that a man could shoot and kill his wife and get off using the "sudden passion" defense? (this is not a plan slang is working up, just a survey)
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Old 02-13-2003, 09:41 PM   #2
Nothing But Net
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I dunno. I guess if you're this guy...

<img src="http://www.thesmokinggun.com/mugshots/mugshots/ojmug.jpg">
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Old 02-13-2003, 09:56 PM   #3
slang
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Quote:
Originally posted by Nothing But Net
I dunno. I guess if you're this guy...
I see the connection although we all know OJ didn't kill his x-wife and her "friend".

I'll consider this a write in vote of "OJ" ( I can see this is going to be an interesting thread )
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Old 02-14-2003, 12:01 AM   #4
wolf
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I've been following the Clara Harris case and had a little celebration today when I found that the jury had come back with a Guilty verdict.

While under some circumstances I think the crime of passion defense may apply, Ms. Harris' (or is that Dr. Harris'?) situation seems to lack some essential elements. In fact, her actions appear to have some elements of premeditation. She tracked him down, ran over him, and then ran over him twice more to make sure. All the while his step-daughter was in the car, not only having hysterics, but fighting with her, trying to make her stop.

She knew what she was doing.

I'm still nibbling some fingernails, because of course, juries can be unpredictable. The sentencing phase is still underway, and they can apparently bring back a decision for anywhere from 5-99 years imprisonment. It's unfortunate that the death penalty is off the table on this one ... I think a date with old sparky should await this lady.
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Old 02-14-2003, 12:20 AM   #5
wolf
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Quote:
from the Fox News article
One of the most powerful witnesses was David Harris' daughter, Lindsey, who has filed a wrongful death lawsuit against her stepmother. She said that moments before the attack, Clara Harris said she could kill her husband and get away with it.
First, I want to point out the significantly damaging statement attributed to the dead guy's daughter. "Clara Harris said she could kill her husband and get away with it." This, if accurate, pretty much puts the "crime of passion" defense into the dumper.

The other thing I find myself immediately wondering is this ...
Outside of the obvious satisfaction of winning a wrongful death lawsuit, what is the use of filing one against someone from whom you will not likely be able to collect a judgment? If Clara Harris goes to jail, she will not be working as a dentist or whatever to generate any income that you can recover as part of the suit. Also it is more than likely that any current assets are going to the defense team. The estate is probably being drained dry (or will be by the time the appeals process is completed). Also, in some states you are not permitted to profit from a death that you have caused ... so any inheritance, insurance benefits, etc. would not be paid to the beneficiary if convicted. I don't know what Texas law is with respect to this matter, and frankly it's such a minor point of law that I think it would be a terrible pain in the ass to find out, unless Court TV has already done the legal research for me.
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Old 02-14-2003, 02:36 AM   #6
Uryoces
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The thing that's scary is that the photo of OJ looks like my younger brother on a bad day! My brother is very cool, not OJ-like at all though.

I think she should be sentenced to the maximum. I can see if she hit him once, maybe she could say I was temporarily insane, but four times?!

"I backed up to see if he was okay, but I didn't see him! I pulled forward again, but didn't see him at all. Man that street was bumpy! I pulled around again and -- hey that speedbump looks just like David!"
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Old 02-14-2003, 07:38 AM   #7
That Guy
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Quote:
Originally posted by Uryoces
"I backed up to see if he was okay, but I didn't see him! I pulled forward again, but didn't see him at all. Man that street was bumpy! I pulled around again and -- hey that speedbump looks just like David!"
Actually, the claim is that she did three donuts in the parking lot over him, then stopped the car on him. I wasn't there, but that's what's been in the paper down here.
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Old 02-14-2003, 01:40 PM   #8
wolf
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They have the security camera video from the hotel parking lot. She also circled around the lot a couple of times to get him lined up right ...
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