Malcolm isnt just guilty of 2nd degree murders. An argument for terrorism could easily be made. Same as how if a terrorist plants a bomb, he doesn't specifically have person A and person B in mind, but he knows he's going to kill or injure. Malcolm's undertaking was premeditated, in fact it was years in the making. Moira is guilty of embezzlement, extortion, hiring a hitman which is conspiracy to commit murder, she's an accessory to terrorism. Moira's lawyer could arguably be accused of perjury as she knew certain facts of the case such as Malcolm being Thea's father, and withheld this from the court as it would undermine the duress argument as unless they cited r*pe, she wasn't under duress since she's sleeping with the man who's supposedly threatening her family.
Thank you for commenting! You have made some very good points. For Malcolm, I do agree that his plans and could be argued with being charged with terrorism. It is a point I didn’t think of while making the video, but I do agree that if the proper evidence came up then it would be an entirely possible argument! As for Moira, I disagree with that a little more. Yes, she is guilty of those crimes, but the hiring of the hitman, which I am assuming you are referring to when she tried to kill Malcolm, isn’t relevant to the trial unless you are proving she was under duress. I don’t believe it is also known she committed those crimes. She could be guilty of embezzlement and extortion, but because she was under duress and threats it could be dropped. Also, I don’t know if the lawyer was ever made aware of Thea being Malcolm’s daughter. Even if she was, she would not have had to reveal that unless directly asked to reveal that or test Thea for their parentage. You made some really good points which I will try to keep in mind next video. Thank you!
@mysteriouscameraman excellent point about the lawyer, I'll need to rewatch season 2 apparently! As for Moira, yes she's definitely under duress however if the thing about Malcolm/Thea came out it would certainly undermine it as far as the prosecution was concerned. You made excellent points about a prejudiced jury as it's incredibly likely at least one of the 12 would be either affected by the undertaking or know someone who was. I also think the death penalty was a bit extreme, however it could've been a tactic by the prosecution to scare Moira into accepting a plea deal for life without parole. Dirty tactic but I could see why it was done (aside from the out of universe explanation to create drama on screen) Not the most heinous crime Malcolm committed but he was also responsible for jury tampering by bribing/threatening them into making sure she was found innocent. In season 1 when Malcolm and Tommy were attacked by deadshot and the Triad, Malcolm killed two assassins however that would've been argued away as self defense, given that Starling City is loosely modelled after Boston/NYC we have to assume their penal codes etc are at least similar, and US self defense laws would definitely protect Malcolm in that instance. Especially because the weapon used was the gun of one of the assailants, so it was a weapon of convenience used to save himself and his son. I also think Moira could've been charged for hiring the Triad to assassinate Malcolm, conspiracy to commit 2nd class murder, she was there at the time of the attack, it was pre meditated and since Malcolm fully trusted her she was in no immediate duress/threat. Loved your video, definitely earned a subscriber!
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Your videos are so well made ! I'm surprised you don't have a larger following, I do recommend adding in some background noise, just very subtly.
Malcolm is easily one of the coolest & bestly written characters of the show
The real villain was whoever wrote the dub for the phonecall with ivo and his wife.
Malcolm isnt just guilty of 2nd degree murders. An argument for terrorism could easily be made. Same as how if a terrorist plants a bomb, he doesn't specifically have person A and person B in mind, but he knows he's going to kill or injure. Malcolm's undertaking was premeditated, in fact it was years in the making.
Moira is guilty of embezzlement, extortion, hiring a hitman which is conspiracy to commit murder, she's an accessory to terrorism.
Moira's lawyer could arguably be accused of perjury as she knew certain facts of the case such as Malcolm being Thea's father, and withheld this from the court as it would undermine the duress argument as unless they cited r*pe, she wasn't under duress since she's sleeping with the man who's supposedly threatening her family.
Thank you for commenting! You have made some very good points. For Malcolm, I do agree that his plans and could be argued with being charged with terrorism. It is a point I didn’t think of while making the video, but I do agree that if the proper evidence came up then it would be an entirely possible argument!
As for Moira, I disagree with that a little more. Yes, she is guilty of those crimes, but the hiring of the hitman, which I am assuming you are referring to when she tried to kill Malcolm, isn’t relevant to the trial unless you are proving she was under duress. I don’t believe it is also known she committed those crimes. She could be guilty of embezzlement and extortion, but because she was under duress and threats it could be dropped. Also, I don’t know if the lawyer was ever made aware of Thea being Malcolm’s daughter. Even if she was, she would not have had to reveal that unless directly asked to reveal that or test Thea for their parentage.
You made some really good points which I will try to keep in mind next video. Thank you!
@mysteriouscameraman excellent point about the lawyer, I'll need to rewatch season 2 apparently!
As for Moira, yes she's definitely under duress however if the thing about Malcolm/Thea came out it would certainly undermine it as far as the prosecution was concerned. You made excellent points about a prejudiced jury as it's incredibly likely at least one of the 12 would be either affected by the undertaking or know someone who was. I also think the death penalty was a bit extreme, however it could've been a tactic by the prosecution to scare Moira into accepting a plea deal for life without parole. Dirty tactic but I could see why it was done (aside from the out of universe explanation to create drama on screen)
Not the most heinous crime Malcolm committed but he was also responsible for jury tampering by bribing/threatening them into making sure she was found innocent.
In season 1 when Malcolm and Tommy were attacked by deadshot and the Triad, Malcolm killed two assassins however that would've been argued away as self defense, given that Starling City is loosely modelled after Boston/NYC we have to assume their penal codes etc are at least similar, and US self defense laws would definitely protect Malcolm in that instance. Especially because the weapon used was the gun of one of the assailants, so it was a weapon of convenience used to save himself and his son. I also think Moira could've been charged for hiring the Triad to assassinate Malcolm, conspiracy to commit 2nd class murder, she was there at the time of the attack, it was pre meditated and since Malcolm fully trusted her she was in no immediate duress/threat.
Loved your video, definitely earned a subscriber!