This boy was retarded in the literal sense and it cost him his life. Video of him pointing the gun at people in the park...
Homicide
The killing of one human being by another human being.
Although the term homicide is sometimes used synonymously with murder, homicide is broader in scope than murder. Murder is a form of criminal homicide; other forms of homicide might not constitute criminal acts. These homicides are regarded as justified or excusable. For example, individuals may, in a necessary act of Self-Defense, kill a person who threatens them with death or serious injury, or they may be commanded or authorized by law to kill a person who is a member of an enemy force or who has committed a serious crime. Typically, the circumstances surrounding a killing determine whether it is criminal. The intent of the killer usually determines whether a criminal homicide is classified as murder or Manslaughter and at what DEGREE.
English courts developed the body of Common Law on which U.S. jurisdictions initially relied in developing their homicide statutes. Early English common law divided homicide into two broad categories: felonious and non-felonious. Historically, the deliberate and premeditated killing of a person by another person was a felonious homicide and was classified as murder. Non-felonious homicide included justifiable homicide and excusable homicide. Although justifiable homicide was considered a crime, the offender often received a pardon. Excusable homicide was not considered a crime.
Under the early common law, murder was a felony that was punishable by death. It was defined as the unlawful killing of a person with “malice aforethought,” which was generally defined as a premeditated intent to kill. As U.S. courts and jurisdictions adopted the English common law and modified the various circumstances that constituted criminal homicide, various DEGREES of criminal homicide developed. Modern statutes generally divide criminal homicide into two broad categories: murder and manslaughter. Murder is usually further divided into the first degree, which typically involves a premeditated intent to kill, and the second degree, which typically does not involve a premeditated intent to kill. Manslaughter typically involves an unintentional killing that resulted from a person’s criminal negligence or reckless disregard for human life.
All homicides require the killing of a living person. In most states, the killing of a viable fetus is generally not considered a homicide unless the fetus is first born alive. In some states, however, this distinction is disregarded and the killing of an unborn viable fetus is classified as homicide. In other states, statutes separately classify the killing of a fetus as the crime of feticide.
Generally, the law requires that the death of the person occur within a year and a day of the fatal injury. This requirement initially reflected a difficulty in determining whether an initial injury led to a person’s death, or whether other events or circumstances intervened to cause the person’s death. As Forensic Science has developed and the difficulty in determining cause of death has diminished, many states have modified or abrogated the year-and-a-day rule.
Justifiable or Excusable Homicide
A homicide may be justifiable or excusable by the surrounding circumstances. In such cases, the homicide will not be considered a criminal act. A justifiable homicide is a homicide that is commanded or authorized by law. For instance, soldiers in a time of war may be commanded to kill enemy soldiers. Generally, such killings are considered justifiable homicide unless other circumstances suggest that they were not necessary or that they were not within the scope of the soldiers’ duty. In addition, a public official is justified in carrying out a death sentence because the execution is commanded by state or federal law.
A person is authorized to kill another person in SELF-DEFENSE or in the defense of others, but only if the person reasonably believes that the killing is absolutely necessary in order to prevent serious harm or death to himself or herself or to others. If the threatened harm can be avoided with reasonable safety, some states require the person to retreat before using Deadly Force. Most states do not require retreat if the individual is attacked or threatened in his or her home, place of employment, or place of business. In addition, some states do not require a person to retreat unless that person in some way provoked the threat of harm. Finally, police officers may use deadly force to stop or apprehend a fleeing felon, but only if the suspect is armed or has committed a crime that involved the infliction or threatened infliction of serious injury or death. A police officer may not use deadly force to apprehend or stop an individual who has committed, or is committing, a misdemeanor offense. Only certain felonies are considered in determining whether deadly force may be used to apprehend or stop a suspect. For instance, a police officer may not use deadly force to prevent the commission of Larceny unless other circumstances threaten him or other persons with imminent serious injury or death.
Excusable homicide is sometimes distinguished from justifiable homicide on the basis that it involves some fault on the part of the person who ultimately uses deadly force. For instance, if a person provokes a fight and subsequently withdraws from it but, out of necessity and in self-defense, ultimately kills the other person, the homicide is sometimes classified as excusable, rather than justifiable. Generally, however, the distinction between justifiable homicide and excusable homicide has largely disappeared, and only the term justifiable homicide is widely used.
I watched the video several times.
The cop exited the car & fired in less than 2 seconds. He took no time for a warning. He took no time to assess the situation. I doubt he had time to speak. Basically, he jumped out of the car & started firing.
It looks like murder to me.
For all of you who think this is justifiable homicide, I have questions:
In states with open/concealed carry, what will prevent police from shooting anyone carrying a visible weapon, perhaps holding their weapon, checking the safety, inspecting the gun for proper operation, loading it, or having dropped the gun, is picking it up? Does open/concealed carry mean you may never handle your gun in a public place?
If it is proper police procedure to arrive at a POTENTIAL crime scene & immediately start shooting without the slightest idea that a crime is being committed, then ANYONE holding any dark object at night in public is a justifiable target of police. Basically, don’t go out at night & if you do, wear a bright colored shirt that says “I am unarmed & harmless”. Oh, & carry nothing in your hands - ever.
Who among us does not know that kids can be big these days, or that they may have toy guns & play with them in public? What kid has never modified their toys to make them cooler or more scary?
Who would shoot someone without first challenging them to drop their weapon?
By approving the actions of this officer, aren’t you giving in to the idea that there should be no toy guns, that children should have no familiarity with guns, a tactic to disarm Americans by the gun grabbers?
Do you really want police to have the right to initiate lethal violence where no violence has yet occurred?
So what catch phrases will this one have to go along with “Hands up, Don’t Shoot” and “I Can’t Breathe?”