Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: ExSoldier
So....Does the shooter go to jail if he is ever located?

As I've already stated, yes. He goes to jail. Manslaughter is still manslaughter. Being provoked into his actions should be considered during sentencing. This, however, does not rise to the level of pre-meditated murder as has been suggested.

282 posted on 12/04/2006 12:39:34 PM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
[ Post Reply | Private Reply | To 281 | View Replies ]


To: Dead Corpse
This, however, does not rise to the level of pre-meditated murder as has been suggested.

You think this was a crime of passion? Or extreme negligence? Those are pretty much your only choices. Under the law, the very act of using a firearm is automatically use of deadly force. Even the mere display of a firearm is considered use of deadly force. This is why police officers are justified in shooting an armed suspect even though he may not have fired at them first.

There need be no specific period of time for premeditation to exist. It is sufficient that the egging had already occurred and the shooting was a response framed in the form of a punishment and that indeed is premeditated murder.

But perhaps I'm splitting hairs. After all THIS is a primo example of why lawyers make obscene amounts of moola! I know one thing, if this shooter got off on murder 1 in a criminal trial, he'd get screwed to the wall in the inevitable wrongful death lawsuit where the level of proof required to assign liability is significantly lower than the criminal court! Just ask OJ.

283 posted on 12/04/2006 12:54:59 PM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
[ Post Reply | Private Reply | To 282 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson