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Game wardens use decoys to arrest and successfully prosecute poachers. Seems a pretty strong parallel.

Let's look at WHY they used a decoy,

2 homo as people had already been bludgened to death in the same area,

If DLNR sets up a Mouflon, Goat or Deer mannequin in a non-hunting area and somebody poaching shoots the mannequin, are they arrested for breaking the law.
 

If DLNR sets up a Mouflon, Goat or Deer mannequin in a non-hunting area and somebody poaching shoots the mannequin, are they arrested for breaking the law.
 

Happens on the mainland all the time.

If DLNR sets up a Mouflon, or Deer mannequin in a non-hunting area and somebody poaching shoots the mannequin, are they arrested for breaking the law.
 

Not on oahu because we don't have those.
remember there was that goat or sheep running around aiea. It was illegal and the owners ended up putting it down. 
Anywho deer on oahu would cause so much damage

so burning or hitting an effigy counts?

so burning or hitting an effigy counts?

The thing with an effigy is that you most likely know it's an effigy. You knowingly went to the effigy-burning party, or bought your own from effigies-R-us for a private gathering, or made one out of household items. It may land you at the receiving end of a hate crime charge, but not attempted murder. But were you to break into my house, see a form under a sheet on the bed and proceed to hit it with a hammer, not knowing that I keep a mannequin in my bed and actually sleep in the attic, I think that attempted murder would likely stick.

And I just realized I now have to move my secret sleeping spot, and get a second mannequin for the attic!

The thing with an effigy is that you most likely know it's an effigy. You knowingly went to the effigy-burning party, or bought your own from effigies-R-us for a private gathering, or made one out of household items. It may land you at the receiving end of a hate crime charge, but not attempted murder. But were you to break into my house, see a form under a sheet on the bed and proceed to hit it with a hammer, not knowing that I keep a mannequin in my bed and actually sleep in the attic, I think that attempted murder would likely stick.

And I just realized I now have to move my secret sleeping spot, and get a second mannequin for the attic!

There is a difference between your home and the outside.  It much more reasonable to have a mannequin on the side of the street like trash than under the covers of someones bed. 

It much more reasonable to have a mannequin on the side of the street like trash than under the covers of someones bed.

I would prefer not to have a mannequin "...on the side of the street like trash..." nor would I prefer to have a mannequin "...under the covers of someones bed."

I prefer real live women over mannequin any day, personally!!! 

Sorry, couldn't help it. You opened yourself up for that one.

It much more reasonable to have a mannequin on the side of the street like trash than under the covers of someones bed. 

Can 't.......stop.......laughing.........

I would prefer not to have a mannequin "...on the side of the street like trash..." nor would I prefer to have a mannequin "...under the covers of someones bed."

I prefer real live women over mannequin any day, personally!!! 

Sorry, couldn't help it. You opened yourself up for that one.

Lol hey when they invent good sexbots/robots I will gladly buy one   It would be like having a personal maid.  Would make life much better.

Lol hey when they invent good sexbots/robots I will gladly buy one   It would be like having a personal maid.  Would make life much better.

You mean you haven't checked out the Real Doll products?  It won't clean your house, but it will make you not care!

There is a reason they cost $4k-$7k. You can even have a person show up to the factory in San Diego to have a 3-D scan done of their face and/or body to have a lifesize replica made.  They don't say how much that costs, but they do say it's prohibitively expensive for most people.

I've never seen one to touch, but I've checked out the website and some videos.  First time I saw one was on an HBO Playboy video. 

If the Cops used a Real Doll for the decoy, the jury will convict in 10 minutes!!

Lol hey when they invent good sexbots/robots I will gladly buy one   It would be like having a personal maid.  Would make life much better.

You can always just keep her under your bed like these guys did their mother. Bringing her out whenever they wanted sex....

You mean you haven't checked out the Real Doll products?  It won't clean your house, but it will make you not care!

There is a reason they cost $4k-$7k. You can even have a person show up to the factory in San Diego to have a 3-D scan done of their face and/or body to have a lifesize replica made.  They don't say how much that costs, but they do say it's prohibitively expensive for most people.

I've never seen one to touch, but I've checked out the website and some videos.  First time I saw one was on an HBO Playboy video. 

If the Cops used a Real Doll for the decoy, the jury will convict in 10 minutes!!

I've seen those but I need a movable bot with some intelligence.  Need to perform more than 1 task and 1 use else it simply isn't worth.

I've seen those but I need a movable bot with some intelligence.  Need to perform more than 1 task and 1 use else it simply isn't worth.

Since you've seen those, you have to admit it's unlikely anyone walking up in the dark with a hammer would know it's a decoy.

So, there's a chance the decoy was good enough to satisfy the "reasonable man" standard that he thought it was a real person given the lifelike replicas available on the open market.

These can be ordered with tighter joints in the frame for holding poses, as some use them in art projects and photo shoots.

Aside from the fact that some thought crimes have actually indeed become illegal in current America, presuming there is no such thing as a thought crime (as it should be) then you can't look into the perpetrator's state of mind. But Flapp's last argument finally gets it right, I think.

They don't have to prove what he thought. 

They only have to prove what any reasonable person would have thought. 

If the decoy was good enough, and the area was dark enough, it should be no problem.

That's the sneaky backdoor the courts use to get around the "looking into the mind" dilemma. So this guy can't be charged with murder, but he can be charged with attempted murder.

Since you've seen those, you have to admit it's unlikely anyone walking up in the dark with a hammer would know it's a decoy.

So, there's a chance the decoy was good enough to satisfy the "reasonable man" standard that he thought it was a real person given the lifelike replicas available on the open market.

These can be ordered with tighter joints in the frame for holding poses, as some use them in art projects and photo shoots.

The problem is we don't know exact what mannequin used.  I doubt it was  "real sex doll".  And yes while i do agree they are very human like its still not perfect still in uncanny valley as of right now.  Its close though.   But imagine if say you are 100% right and there were replica humans everywhere, where you could not tell a difference.  What the law could do with that.  Anyone trying to harm anyone could say they believed it was a robot because there is no real way to tell the difference.   You still can't murder objects. 

The problem is we don't know exact what mannequin used.  I doubt it was  "real sex doll".  And yes while i do agree they are very human like its still not perfect still in uncanny valley as of right now.  Its close though.   But imagine if say you are 100% right and there were replica humans everywhere, where you could not tell a difference.  What the law could do with that.  Anyone trying to harm anyone could say they believed it was a robot because there is no real way to tell the difference.   You still can't murder objects.

Your hypothetical is irrelevant to the facts.

If a reasonable person would have believed the decoy was real, it was attempted murder.  Period.

The problem is we don't know exact what mannequin used.  I doubt it was  "real sex doll".  And yes while i do agree they are very human like its still not perfect still in uncanny valley as of right now.  Its close though.   But imagine if say you are 100% right and there were replica humans everywhere, where you could not tell a difference.  What the law could do with that.  Anyone trying to harm anyone could say they believed it was a robot because there is no real way to tell the difference.   You still can't murder objects.

We don't have to know how relate doll looked, that is up to the jury to decide.

You seem to be protesting the fact he was charged with murder despite not knowing the details of the case.