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by precisioncoder 2392 days ago
From the sounds of this it wasn't actually murder, it was manslaughter. Murder requires being premeditated where this sounds like it was heat of the moment.

Personally I think we should either rehibilitate and then forget in order to give them a chance to contribute to society, or keep them in prison. The idea of releasing people but then villifying them will basically just channel them back into the criminal system again. Studies have shown the best way to prevent crime is with reintegrating them socially. The biggest risk factors are:

"prior criminal history, lifestyle instability (unemployment, frequent moves), and negative peer associations"

The right to be forgotten would reduce two out of three of those risks.

https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/smrsk-fctrs...
2 comments
tom_mellior 2392 days ago
> From the sounds of this it wasn't actually murder, it was manslaughter.

It was "Mord" according to the ruling (https://www.bundesverfassungsgericht.de/SharedDocs/Entscheid...), which is "murder", even if German law might not use the exact same wording as whatever laws you may have in mind. See https://en.wikipedia.org/wiki/Murder_in_German_law.

> The idea of releasing people but then villifying them will basically just channel them back into the criminal system again.

Agreed.

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NeedMoreTea 2392 days ago
Wouldn't that make it second degree murder in US context?
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precisioncoder 2392 days ago
It could be either depends a lot on the context that led to the altercation.

"Voluntary manslaughter Sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter."

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