BF2S Forums Dumb kid gets whats coming to him, Man charged with murder.

can we rename this section "Where sidewalk lawyers meet"?

FEOS wrote:

Drunkface wrote:

You're driving your car and someone throws an egg at you, you get angry turn your car towards that person and run them down - Murder 1

This case clearly fits with scenario 3.

^This is not a 1st degree murder scenario. It falls under "crime of passion" criteria, which makes it 2nd degree murder.

Intent to kill, but no premeditation.

The pharmacist walking past the guy he'd already shot, getting another gun, walking back up to him, and then shooting someone who is clearly no longer a threat--repeatedly--can pretty easily be argued as meeting both the "intent" and "premeditation" arguments.

So you can "easily" say this scenario is the same kind of thought out, plan for a month, dig the hole, dump the body, make for the border, scenario that is used for every first degree murder example you can find? You mean there is no argument for second degree murder here at all? WHich isn't much of a difference except maybe being put to death or life in prison.

THe fact that this guy woke up and thought he was going to have a normal day makes no difference in the case at all?

Last edited by lowing (2011-05-31 18:18:33)

why would you bet that?

FEOS wrote:

burnzz wrote:

can we rename this section "Where sidewalk lawyers meet"?

Go find an actual lawyer and have them post here then.

While you're at it, demand credentials from everyone before allowing them to post on any topic.

Don't be a retard, he was obviously joking.

Me relax? ME RELAX?!

Yeah, you're kinda right.

Macbeth wrote:

Me relax? ME RELAX?!

Yeah, you're kinda right.

you don't see me gettin all bound up on here, sorry. SO yes, YOU relax

Macbeth wrote:

lol the first line was a joke lowing.

got it now, sorry.

Ty wrote:

13/f/taiwan wrote:

Ty wrote:

I have to turn up to the NZ High Court next Tuesday for Jury Duty. I studied law for two years, d'you reckon that's enough for me to be excused?

should be. just say something like "i'm quite fascinated with the legal system, in fact i have studied law for years." throw in a few legal terms here and there.

Habeus Corpus! Arbitration! Denny Crane!

Yes, that should do it.

Say Denny Crane a few more times and you're done

He needs to get wet.

whores

lowing wrote:

FEOS wrote:

Drunkface wrote:

You're driving your car and someone throws an egg at you, you get angry turn your car towards that person and run them down - Murder 1

This case clearly fits with scenario 3.

^This is not a 1st degree murder scenario. It falls under "crime of passion" criteria, which makes it 2nd degree murder.

Intent to kill, but no premeditation.

The pharmacist walking past the guy he'd already shot, getting another gun, walking back up to him, and then shooting someone who is clearly no longer a threat--repeatedly--can pretty easily be argued as meeting both the "intent" and "premeditation" arguments.

So you can "easily" say this scenario is the same kind of thought out, plan for a month, dig the hole, dump the body, make for the border, scenario that is used for every first degree murder example you can find? You mean there is no argument for second degree murder here at all? WHich isn't much of a difference except maybe being put to death or life in prison.

THe fact that this guy woke up and thought he was going to have a normal day makes no difference in the case at all?

Is it exactly the same? Of course not. Is it similar, in that you can show intent and premeditation, which is the burden under the law? Yes.

Yes, there is an argument for 2nd degree. Also one for manslaughter. And his lawyer lost them.

Because the argument FOR 1st degree murder is stronger.

lowing wrote:

FEOS wrote:

lowing wrote:

So you can "easily" say this scenario is the same kind of thought out, plan for a month, dig the hole, dump the body, make for the border, scenario that is used for every first degree murder example you can find? You mean there is no argument for second degree murder here at all? WHich isn't much of a difference except maybe being put to death or life in prison.

THe fact that this guy woke up and thought he was going to have a normal day makes no difference in the case at all?

Is it exactly the same? Of course not. Is it similar, in that you can show intent and premeditation, which is the burden under the law? Yes.

Yes, there is an argument for 2nd degree. Also one for manslaughter. And his lawyer lost them.

Because the argument FOR 1st degree murder is stronger.

but flipping through the examples of second degree murder fits the OP scenario far closer than a planned out murder as was described.

It is funny how there are no examples of the OP scenario that is used for first degree murder, it is always, someone planning every detail of the crime.

No, what's funny is how you're trying to wriggle around and justify giving him a lesser charge when it is clear that he is a murderer. Normally you'd be shouting from the rooftops that he needs to be executed but because you feel empathy towards him, you'd rather see him let off. Hypocritical as always lowing. At least you're consistent.

eusgen wrote:

IMO Anyone who steals or "robs" other people, especially trying to do it using fear and a gun, should be shot and killed immediately. The world doesn't need em'.

The world might not need them, but we're not to execute them while they're bleeding out of the floor. You bring them to court and try them, and let justice deal with them. We're (the world) better than that, we should set a standard and not resort to executing wounded people.