re: 17-year-old carjacker shot in neck in botched carjacking in New Orleans

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It's not a capital crime.

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Pointing a fire arm at someone sure is. It’s called deadly force assault.

I get your shtick is to be a pseudo intellectual, but when it comes to criminal law, you might want to sit this one out champ.

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You got a statute on that, Cheney Joseph?

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Pretty easy to look up what CFR code deadly force falls under.

If a subject is pointing a firearm at, let’s say, the poor guy who was just trying to go to his vehicle, then the four elements of deadly force are there: ability, opportunity, imminent jeopardy, and preclusion. The vehicle owner was well within his legal rights to defend his life and fire at the subject to stop his deadly force actions.

The whole point of my previous post to the poster that said it was a property crime was to refute what he said. If you agree with him, I really hope you aren’t a judge.

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Gosh, my 30 years of legal practice and sitting on a bench pale in comparison to the depth of your vast legal knowledge . . . or perhaps you'll find that the Code of Federal Regulations does not create any capital crimes.

And while there are several capital crimes specified in the United States Code, none of them arise from assault. All of them, except treason and espionage, require murder or an act resulting in death as a predicate act.


The only capital crimes in Louisiana are treason and first degree murder with specific aggravating circumstances.


La. R.S. § 14:113. Treason

A. Treason is the levying of war against the United States or the state of Louisiana, adhering to enemies of the United States or of the state of Louisiana, or giving such enemies aid and comfort.

B. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on his own confession in open court.

C. Whoever commits the crime of treason shall be punished by death.



La. R.S. § 14:30. First degree murder

A. First degree murder is the killing of a human being:

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C. (1) If the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of Code of Criminal Procedure Article 782 relative to cases in which punishment may be capital shall apply.



Art. 905.3. Sentence of death; jury findings

A sentence of death shall not be imposed unless the jury finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists and, after consideration of any mitigating circumstances, determines that the sentence of death should be imposed. The court shall instruct the jury concerning all of the statutory mitigating circumstances. The court shall also instruct the jury concerning the statutory aggravating circumstances but may decline to instruct the jury on any aggravating circumstance not supported by evidence. The court may provide the jury with a list of the mitigating and aggravating circumstances upon which the jury was instructed.



Art. 905.4. Aggravating circumstances

A. The following shall be considered aggravating circumstances:

(1) The offender was engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated kidnapping, second degree kidnapping, aggravated burglary, aggravated arson, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism.

(2) The victim was a fireman or peace officer engaged in his lawful duties.

(3) The offender has been previously convicted of an unrelated murder, aggravated or first degree rape, aggravated burglary, aggravated arson, aggravated escape, armed robbery, or aggravated kidnapping.

(4) The offender knowingly created a risk of death or great bodily harm to more than one person.

(5) The offender offered or has been offered or has given or received anything of value for the commission of the offense.

(6) The offender at the time of the commission of the offense was imprisoned after sentence for the commission of an unrelated forcible felony.

(7) The offense was committed in an especially heinous, atrocious or cruel manner.

(8) The victim was a witness in a prosecution against the defendant, gave material assistance to the state in any investigation or prosecution of the defendant, or was an eye witness to a crime alleged to have been committed by the defendant or possessed other material evidence against the defendant.

(9) The victim was a correctional officer or any employee of the Department of Public Safety and Corrections who, in the normal course of his employment was required to come in close contact with persons incarcerated in a state prison facility, and the victim was engaged in his lawful duties at the time of the offense.

(10) The victim was under the age of twelve years or sixty-five years of age or older.

(11) The offender was engaged in the distribution, exchange, sale, or purchase, or any attempt thereof, of a controlled dangerous substance listed in Schedule I, II, III, IV, or V of the Uniform Controlled Dangerous Substances Law.

(12) The offender was engaged in the activities prohibited by R.S. 14:107.1(C)(1).

(13) The offender has knowingly killed two or more persons in a series of separate incidents.

B. For the purposes of Paragraph (A)(2) herein, the term "peace officer" is defined to include any constable, marshal, deputy marshal, sheriff, deputy sheriff, local or state policeman, commissioned wildlife enforcement agent, federal law enforcement officer, jail or prison guard, parole officer, probation officer, judge, attorney general, assistant attorney general, attorney general's investigator, district attorney, assistant district attorney, or district attorney's investigator.

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Salviati

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Good catch on treason. I’d forgotten about that one.

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for a juvenile property crime.

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Oh, go frick yourself with an axe handle.

Holy cow...WALL of words...NONE of which have any bearing IF , you are faced with an ARMED THUG attempting to jack your vehicle ! Flee/fight are your TWO options and IF you are yourself armed and choose to DEFEND your-self, so be it ! Don't care if the thug is 14,15,16,17,/black,white,green and also don't give a rats' arse if the thug is wounded OR killed ! NOPD should have been utilizing 'bait' car type stings LONG before this situation got out of hand !

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My point is simply that my heart does not dance for joy when a person is shot for a property crime.

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I’d prefer these fricking worthless fricks weren’t doing this. I’d be much happier if that were the case versus them being shot doing it.

Should have double tapped. The shooter fricked up.

Agreed. Where was midnight basketball for this youth?

But 4 people down vote