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re: Should these college students be charged with murder?
Posted on 12/5/14 at 5:46 pm to Darth_Vader
Posted on 12/5/14 at 5:46 pm to Darth_Vader
quote:
Yes. The law is pretty clear I believe that when your criminal activity results in the death of someone, you've committed murder.
This doesn't make much sense in this case because the individual whose crime most contributed to his death is the person that died. Unless they forced that individual into commiting the crime or the individual lacked the cognitive capacity to make the personal decision, then the personal accountability is on that indivudal. It seems like anybody that advocates for personal responsibility would disagree with these charges.
1
Posted on 12/5/14 at 7:01 pm to buckeye_vol
What a horrible tragedy brought on by admittedly bad decision. The misguided justice system now takes aim to compound the tragedy by a completely illogical application of a law. I agree these kids need to be punished, but prosecuting them for First Degree Murder (if that is indeed what Felony Murder calls for) seems crazy to me.
Posted on 12/5/14 at 7:03 pm to BigPapiDoesItAgain
Any homicide is felony murder, from negligent homicide all the way to first degree fwiw
Not a lawyer, just have a friend I haven't seen in a few years that was just offered 90 years for a homicide but he is taking it to trial Monday.
Not a lawyer, just have a friend I haven't seen in a few years that was just offered 90 years for a homicide but he is taking it to trial Monday.
Posted on 12/5/14 at 7:07 pm to Flame Salamander
quote:
So you are saying that simple burglary or trespassing...whatever these people did...has resorted in Murder prosecutions in the past when someone died because of the act.
absolutely
the classic scenario is a bank robbery by a group where a non-criminal, non-cop person gets killed during the commission or flight
everybody in the group gets charged with that killing as murder
This post was edited on 12/5/14 at 7:08 pm
Posted on 12/5/14 at 7:10 pm to SuperSaint
quote:
offered 90 years for a homicide but he is taking it to trial Monday.
what's 85% of 90 years?
Posted on 12/5/14 at 7:11 pm to SlowFlowPro
Similar thing is happening with my buddy ...... right now. Him and his wife were just going to buy some pills and going to try and jack the dope man. Well a guy they were with ended up busting on the guy and killing him. They went back to the scene a couple hours later scared they were going to prison forever and set the apt on fire. Now they are going to all get life. But started as just a "minor" felony If that makes sense.
This post was edited on 12/5/14 at 7:14 pm
Posted on 12/5/14 at 7:12 pm to SuperSaint
well robbery is a pretty serious felony 
Posted on 12/5/14 at 7:13 pm to SlowFlowPro
76.5
Posted on 12/5/14 at 7:14 pm to SlowFlowPro
Yeah they offered 90 years. He will do 85% before parole. He shot it down. The 3 charges only hold 110 years anyway so why plea to 90.
They offered his wife 40 years and she took it. I think she may get good time and do the 4 months 11 days on a year.
Sad because they really are good people. Only 22 and 21 years old.
They offered his wife 40 years and she took it. I think she may get good time and do the 4 months 11 days on a year.
Sad because they really are good people. Only 22 and 21 years old.
Posted on 12/5/14 at 7:15 pm to SuperSaint
quote:
The 3 charges only hold 110 years anyway so why plea to 90.
well yeah and unless he's about 10 years old, he's going to for sure die in prison anyway. makes no sense
quote:
I think she may get good time and do the 4 months 11 days on a year.
that depends on if she pled to a crime of violence, which i presume she did to get 40 years
quote:
Sad because they really are good people. Only 22 and 21 years old.
it's kind of like i tell my stupid hot head clients who like to fight...all it takes is a slip or a fall onto a corner and your life is over. they never listen, though
Posted on 12/5/14 at 7:20 pm to SlowFlowPro
You right. So she will do 33 years or so. Parole out when she is 55 years old.
Crazy because it's the first time she has ever been put in cuffs in her life.
My podnuh made a $1mm bond but got it revoked for failing a drug test. Idiot. But I sorta can't blame him for getting loaded facing that kinda jhos
Crazy because it's the first time she has ever been put in cuffs in her life.
My podnuh made a $1mm bond but got it revoked for failing a drug test. Idiot. But I sorta can't blame him for getting loaded facing that kinda jhos
This post was edited on 12/5/14 at 7:21 pm
Posted on 12/5/14 at 7:22 pm to SuperSaint
i see that with DWI clients all the time who know they're facing some jail time. they show up to court loaded
i don't play with that. i inform everyone i have an ethical conflict and withdraw or ask what the judge/prosecutor wants to do
i don't play with that. i inform everyone i have an ethical conflict and withdraw or ask what the judge/prosecutor wants to do
Posted on 12/5/14 at 7:25 pm to SlowFlowPro
What kinda time they giving over in Calcasieu Parish these days behind DWI?
Come January didn't the legislature pass to stiffen penalties again?
Think MS past where they only go back 5 years to count subsequent dwi's. That's love
Come January didn't the legislature pass to stiffen penalties again?
Think MS past where they only go back 5 years to count subsequent dwi's. That's love
Posted on 12/5/14 at 7:26 pm to SuperSaint
quote:
What kinda time they giving over in Calcasieu Parish these days behind DWI?
it gets pretty hardcore with a 3rd. 1 year min-mandatory is the best you are looking at
quote:
Come January didn't the legislature pass to stiffen penalties again?
they always change that. i have to wait for my updates in law stuff to let me know what is different now
Posted on 12/5/14 at 7:32 pm to SlowFlowPro
3rd used to be mandatory 30 days and 4th 1 year if I remember right.
The good time laws now are love. What were the old 571 laws? 65% or something?
Obviously not an attorney
Eta: is min-mandatory only hard labor or eligible for home incarceration?
The good time laws now are love. What were the old 571 laws? 65% or something?
Obviously not an attorney
Eta: is min-mandatory only hard labor or eligible for home incarceration?
This post was edited on 12/5/14 at 7:34 pm
Posted on 12/5/14 at 7:34 pm to SuperSaint
man the DOC "good time" changes more often than the DWI stuff. i think it's 4 for 1 now and was 3:1 until 2013
you have to ask an inmate the #s. they know that shite better than i do
you have to ask an inmate the #s. they know that shite better than i do
Posted on 12/5/14 at 7:37 pm to SlowFlowPro
quote:no it's still you do 4months 11 days on a year, so you do 33.3% and the remainder on parole for not aggravated offenses..... Actually I think some aggravated offenses are now eligible just not with a 2nd subsequent offense, not sure about that last part though
man the DOC "good time" changes more often than the DWI stuff. i think it's 4 for 1 now and was 3:1 until 2013 you have to ask an inmate the #s. they know that shite better than i do
As an attorney Id be caught up on the possible good time laws.
That could make a big difference in a plea deal or going to trial.
Posted on 12/5/14 at 7:45 pm to Funky Tide 8
No. Let me have that case.
Posted on 12/5/14 at 7:56 pm to SlowFlowPro
quote:
absolutely
the classic scenario is a bank robbery by a group where a non-criminal, non-cop person gets killed during the commission or flight everybody in the group gets charged with that killing as murder
I can see why they would them with murder when individuals not involved in the criminal act are killed; they did not consent to the risk involved on a felonious act. I don't see the same logic being applied in this situation though.
Posted on 12/5/14 at 9:28 pm to Flame Salamander
quote:
ha ha...so used to stupid shite in LA that I assumed this was too. For a murder conviction you have to have some kind of motive and intent to kill. If they weren't armed it seems even reckless endangerment would be a stretch.
Ms is the same way. If you are involved in a felony crime and someone dies because of that crime you can be charged with murder.
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