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re: On Dr. Phil, today,

Posted on 1/17/14 at 3:37 pm to
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 1/17/14 at 3:37 pm to
quote:



No. It is usually one of the ways to get there. There are others, though.


What I mean by that is pre-meditation is NOT a requirement for 1st Degree as opposed to 2nd Degree or Manslaughter.
Posted by TigerPanzer
Orlando
Member since Sep 2006
9476 posts
Posted on 1/17/14 at 3:37 pm to
quote:

there is a story about 5 teenagers in Indiana who broke into a neighbor's house

You buy the ticket ...
quote:

The homeowner shot and killed one of them, and the other four were charged with murder of their friend

... you take the ride.
—Hunter S. Thompson
Posted by 4LSU2
Member since Dec 2009
37307 posts
Posted on 1/17/14 at 3:37 pm to
It is a shame that four of them lived.

Kudos to the home owner for defending his property and family. We need more of these stories to come out and deter the cowardly acts against innocent people.
Posted by BBONDS25
Member since Mar 2008
47876 posts
Posted on 1/17/14 at 3:37 pm to
quote:

What I mean by that is pre-meditation is NOT a requirement for 1st Degree as opposed to 2nd Degree or Manslaughter.


Got it.
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 1/17/14 at 3:37 pm to
quote:

He definitely should have been able to shoot at least two of them if not all 5


Hard to load crack barrel shotguns fast
Posted by jembeurt
Raceland
Member since Apr 2008
8804 posts
Posted on 1/17/14 at 3:39 pm to
quote:

What did Dr. Phil say about it?


Probably something along the lines of, "If you're walking down the street and meet up with a snake, you're not gonna bake it a cake."
Posted by tiger81
Brentwood, TN.
Member since Jan 2008
18798 posts
Posted on 1/17/14 at 3:42 pm to
quote:

What did Dr. Phil say about it?


So far, he has stayed in the middle letting the convicted and their parents discuss it with one of the jury members.
This post was edited on 1/17/14 at 3:48 pm
Posted by hawkster
Member since Aug 2010
6227 posts
Posted on 1/17/14 at 3:44 pm to
Moral of the story. If you're the victim of crime by a group of criminals, make sure that at least one of them dies in the process.
Posted by BRgetthenet
Member since Oct 2011
117670 posts
Posted on 1/17/14 at 3:44 pm to
Someone needs to take ownership of their actions.
Posted by duggieblue
GA
Member since Feb 2010
4335 posts
Posted on 1/17/14 at 3:49 pm to
For the homeowner!
Posted by tiger81
Brentwood, TN.
Member since Jan 2008
18798 posts
Posted on 1/17/14 at 4:03 pm to
Dr. Phil polled the audience on whether it was a just outcome. Only three people said yes. He then asked who thought it was unjust, and the rest of the audience and the parents raised their hands. The convicted teens were on satellite and did not raise their hands. Dr. Phil said, "Boys, I noticed none of you raised your hands", and then all of their hands shot straight up.
Dr. Phil said he thought the sentence was crazy and hoped the sentence would be reduced on appeal.
This post was edited on 1/17/14 at 4:05 pm
Posted by MBclass83
Baton Rouge
Member since Oct 2010
9341 posts
Posted on 1/17/14 at 4:04 pm to
Maybe they should have picked better friends.
Posted by VetteGuy
Member since Feb 2008
28007 posts
Posted on 1/17/14 at 4:06 pm to
I expect the other 4 started pissing themselves when that hole opened up in their friend's chest.
Posted by prince of fools
Baton Rouge
Member since Jan 2009
1130 posts
Posted on 1/17/14 at 4:21 pm to
quote:

there is a story about 5 teenagers in Indiana who broke into a neighbor's house with no weapons. The homeowner shot and killed one of them, and the other four were charged with murder of their friend and sentenced to 45 years even though the homeowner killed him. The law in Indiana is that if someone dies during the commission of a felony, everyone involved is charged with murder.



The law in most place. Never heard of it used like that though.
Posted by FooManChoo
Member since Dec 2012
41628 posts
Posted on 1/17/14 at 4:26 pm to
Very common. The jist is that it was the actions of the perps (dead guy and friends) who really caused the death in that situation. If they had not broken into the house, the home owner would not have (justly) defended himself and his property against an unknown threat, and the dead guy would still be alive.

The dead guy and his friends should have followed the "stupid rule": don't do stupid things in stupid places with stupid people.
This post was edited on 1/17/14 at 4:27 pm
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41479 posts
Posted on 1/17/14 at 4:29 pm to
I like that law
Posted by The First Cut
Member since Apr 2012
13940 posts
Posted on 1/17/14 at 4:33 pm to
quote:

Contrary to popular belief, pre-meditation has very little to do with 1st Degree Murder.


You are correct for Louisiana law but Louisiana law differs significantly from other states. In other states 1st degree is for premeditation. In Louisiana 1st degree is reserved for real heinous offenders.
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