(snipped)
Ill be a little more precise on the subject/terminology (since OM4U is concerned about my possibly being an archery target). As you astutely point out, mw mm, even the detectives who were active on the case refer to JBs death as Murder.
Murder (according to the definition at Wikipedia) is the unlawful killing, with malice aforethought, of another person, and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter).
The one thing that makes this form of homicide (the act of killing a human being) rise to the degree of murder is malice aforethought (except in certain cases where it is done during the commission of another serious crime -- this is where the rule of felony murder comes into play). So we should understand exactly what malice aforethought means. But this post would be even more excruciatingly long and boring if I went into all the discussion and really impressive Latin words and phrases (if you care to look into them yourself: mens rea; actus reus; actus non facit reum nisi mens sit rea, or "the act does not make a person guilty unless the mind is also guilty") that go into legal definitions of malice aforethought. And even then, we wouldnt have a complete picture because of the variances between different legal jurisdictions. But very basically, malice aforethought refers to premeditation and intent.
However, the word murder is oftentimes used loosely even by legal authorities -- perhaps because of other less-legal definitions, one of which is based on the apparent viciousness, cruelty, or barbarity of the result (which is certainly present in JonBenet's case). Perhaps they have used it because murder is the ultimate crime they would like to prove, and therefore are investigating. Short of that, I think they would settle for a conviction on second-degree murder, manslaughter, or even negligent homicide if that were the best they could get. Murder and homicide are often (though incorrectly) used interchangeably. That is why I try to avoid using the word murder since I believe the circumstances of JonBenets death do not constitute murder.
Let me give three examples of different circumstances that each lead to the same final result: a dead person with a horribly mutilated body.
Situation-1
John and Fred both work in a factory where one of the machines is used to shred plastic scrap. John has words with Fred. John hates Fred. Fred hates John. John wants Fred dead. John waits for Fred to pass by the shredder on his way to the lunchroom and then lunges at him pushing him over the guardrail and into it. Fred dies a terrible, violent death. The only thing left of Fred is bits of flesh, bone, and blood scattered throughout the shredded plastic scrap collection bin.
Situation-2
John and Fred both work in a factory where one of the machines is used to shred plastic scrap. One day, John and Fred get into an argument by the plastic shredder. Fred shoves John. John then shoves back at Fred. Soon they are shouting at one another and a crowd forms around them. Finally, John yells, Im gonna kill you, and grabs Fred by the shoulders pushing him over the guardrail and into the plastic shredder. Fred dies a terrible, violent death. The only thing left of Fred is bits of flesh, bone, and blood scattered throughout the shredded plastic scrap collection bin.
Situation-3
John and Fred both work in a factory where one of the machines is used to shred plastic scrap. One day, John and Fred are joking around. They know theyd be in trouble if the boss found out, because horseplay is not allowed around the dangerous machinery they have at the factory. But they start pushing at one another, laughing all the while. One push by John happens right as Fred is standing by the guardrail in front of the shredder. Fred loses his balance and falls over the guardrail and into the plastic shredder. Fred dies a terrible, violent death. The only thing left of Fred is bits of flesh, bone, and blood scattered throughout the shredded plastic scrap collection bin.
In each of the above examples, the end result is the same: Fred is dead and dies a terrible, violent death. The only thing left of Fred is bits of flesh, bone, and blood scattered throughout the shredded plastic scrap collection bin. But is each incident a case of murder?
In JonBenets death, she appeared to have been brutally and viciously attacked and murdered. But after arriving at what I believe actually happened, I cant use the word murder to describe her death. I agree with Dr. Henry Lee in his assessment that it looked like a domestic accident. But that's JMO.
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