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Posted on 12/4/16 at 10:04 am to Napoleon
Posted on 12/4/16 at 10:08 am to tLSU
quote:
Premeditation is irrelevant in Louisiana.
Occasionally we try to school the lay posters on "specific intent" vs. premeditation - but the board is more cosmopolitan and broadly distributed, geographically, that it becomes academic navel gazing - but you're obviously an expert and absolutely correct.
"Premeditation" is largely a common law concept that did not migrate to Louisiana criminal law - although our criminal law is heavily influenced by English law, it remains grounded in the civil tradition overall.
Posted on 12/4/16 at 10:15 am to Ace Midnight
Right. Most are confusing the states that do consider whether a person laid in wait, or plotted and planned, which can be grounds for first degree murder in those places. It's absolutely irrelevant here whether one formed the intent to kill the moment he lifted the gun or if he'd plotted for weeks.
A few other states are like Louisiana in that only felony murder is capital, thus one can be executed for a murder that is an "oh shite" that wasn't otherwise planned but which happened during a robbery, drug deal, etc. And of course there are a few victim classes that can make a murder capital, such as children, elderly, or law enforcement, and now taxi drivers.
A few other states are like Louisiana in that only felony murder is capital, thus one can be executed for a murder that is an "oh shite" that wasn't otherwise planned but which happened during a robbery, drug deal, etc. And of course there are a few victim classes that can make a murder capital, such as children, elderly, or law enforcement, and now taxi drivers.
This post was edited on 12/4/16 at 10:17 am
Posted on 12/4/16 at 10:21 am to Napoleon
Boom!!!!
Posted on 12/4/16 at 10:21 am to Napoleon
Ummm... pretty sure there's an anti carjacking law that would be in play here.
Posted on 12/4/16 at 10:21 am to tLSU
And our concept of "principal" versus "accessory" - can also (in rare cases) lead you to a death penalty charge, particularly if you end up a principal to an armed robbery and never use or even brandish a gun.
Someone gets killed? You're a principal and you can face the big stick (although you'll highly likely plead out to get the shooter convicted - unless you're the mastermind.)
Someone gets killed? You're a principal and you can face the big stick (although you'll highly likely plead out to get the shooter convicted - unless you're the mastermind.)
Posted on 12/4/16 at 10:44 am to REG861
Young man getting aggressive with a 75 year old man. Hmmm. I will refrain.
Posted on 12/4/16 at 10:45 am to crankbait
quote:
He was a hard working young man as is his father,he was a family man and loved his son. He was also an avid drag racer and gearhead and will be missed by many,old and young!
So, a white dindu?
Posted on 12/4/16 at 11:43 am to Napoleon
I have been on 5 calls in my career where something similar happened.
One call someone was charged and convicted.
Four other calls the shooter was not charged.
It all depends on what led up to the situation, is there true evidence of self defense, and gathering other evidence..
In this situation it seems at this time there is not enough evidence to charge this guy.
One call someone was charged and convicted.
Four other calls the shooter was not charged.
It all depends on what led up to the situation, is there true evidence of self defense, and gathering other evidence..
In this situation it seems at this time there is not enough evidence to charge this guy.
This post was edited on 12/4/16 at 11:46 am
Posted on 12/4/16 at 11:45 am to t00f
quote:just for the record, this doesn't matter. Under Louisiana law you are under zero obligation to "run away" prior to keeping someone from entering your vehicle. The difference is that he went back after the initial confrontation with a gun.
The police noted, however, that Batiste made no attempt to get away from Vicknair's aggressive behavior
They had reason to assume he went back with the intention of harming the guy he shot. If the shooting happened at the first altercation, it would be a totally different situation.
Posted on 12/4/16 at 11:47 am to Napoleon
quote:
Fact is you can kill anyone who approaches your vehicle in a threatening manner, so says the consensus of the OT.
Uh, no.
Just like your home, you can shoot if someone is attempting to gain entry but it's not usually advised since it's a big gray area. Someone approaching your car aggressively is not reason to shoot unless you see they have a weapon.
Posted on 12/4/16 at 12:21 pm to Napoleon
(no message)
This post was edited on 6/14/20 at 7:39 pm
Posted on 12/4/16 at 12:25 pm to crankbait
quote:
This old man was wrong! He returned to the scene of the crime with the intent of letting the other man know he was carrying a gun. They had a prior altercation. the old man should have never gone back, could have left at any time, called the police if he felt threatened!
Posted on 12/4/16 at 12:26 pm to TigahJay
quote:
Wait I thought dabigfella said you can shoot anyone walking towards your vehicle?
You look at dabigfella wrong, be prepared to lose your life.
Posted on 12/4/16 at 12:39 pm to Napoleon
He left then came back
Posted on 12/4/16 at 12:57 pm to Napoleon
Gun nuts are some weird folk
They talk tough, and then are the stupid fricks who arm the criminals, as they leave their guns in their cars when visiting the big cities and thieves steal all of their shite.
Then they talk shite about if they had their gun they would do this or that. Hey fricknut, you couldn't even keep the trash from ganking your own gun, and now ur going to become a law enforcer, lol.
They had something downtown(think it might of been monster truck dealio), Inner city folks robbed them blind of guns. One redneck had 6 guns stolen from his vehicle.
Then, when watching the news, these same tards will be crying about the inner city folk robbing and shooting, yet it's their fricking weapons that did the dirty work.
They talk tough, and then are the stupid fricks who arm the criminals, as they leave their guns in their cars when visiting the big cities and thieves steal all of their shite.
Then they talk shite about if they had their gun they would do this or that. Hey fricknut, you couldn't even keep the trash from ganking your own gun, and now ur going to become a law enforcer, lol.
They had something downtown(think it might of been monster truck dealio), Inner city folks robbed them blind of guns. One redneck had 6 guns stolen from his vehicle.
Then, when watching the news, these same tards will be crying about the inner city folk robbing and shooting, yet it's their fricking weapons that did the dirty work.
Posted on 12/4/16 at 1:03 pm to Napoleon
quote:
thought we were allowed to shoot people who aggressively threatened us and approached our vehicles?
Isnt a vehicle considered an extension of your home or some shite?
Posted on 12/4/16 at 1:05 pm to stlslick
I'm taking it you aren't going deer hunting this weekend.
Posted on 12/4/16 at 1:14 pm to stlslick
(no message)
This post was edited on 6/14/20 at 7:39 pm
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