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Started By
Message
re: Tahj Jones shot, in serious condition after surgery
Posted on 4/15/14 at 8:53 am to Red Stick Tigress
Posted on 4/15/14 at 8:53 am to Red Stick Tigress
quote:
First Degree Murder which is a premeditated
You've said this multiple times but you're wrong. The First Degree Murder Statute has nothing to do with "premeditated".
2
Posted on 4/15/14 at 9:37 am to Bigpoppat
quote:True. Louisiana's first degree murder statute is built around a specific list of aggravating factors that would elevate a murder to first degree. Most of them have to do with the identity of the victim--elderly, child, law enforcement, etc. I'm pretty sure Tahj doesn't fit any of those descriptions.
You've said this multiple times but you're wrong. The First Degree Murder Statute has nothing to do with "premeditated".
Some have to do with what else the killer may have been doing at the time--certain crimes such as specific enumerated crimes like kidnapping. As far as we know, this situation won't fit any of those either.
Posted on 4/15/14 at 9:39 am to Jamohn
man, how good was the poontang to shoot another brother for it?
Posted on 4/15/14 at 9:49 am to Bigpoppat
Depends on how you define premeditated. If you are defining it as killing with the specific intent to kill or inflict great bodily injury, then yes, Louisiana's first degree murder statute has it. If you are talking about making some long and drawn out scheme to commit murder, then no not that's not what is contemplated in any of our laws. But it only takes a second to develop the specific intent to kill, just as it only takes a second of contemplation to premeditate. Some people use the words interchangeably. You know what they mean, get over it.
Posted on 4/15/14 at 12:09 pm to ELVIS U
Doesn't matter really, live or die it was attempted murder and he will do 25 to life, probably life
Posted on 4/15/14 at 3:14 pm to tadelatt
quote:
Doesn't matter really, live or die it was attempted murder and he will do 25 to life, probably life
Attempted Second Degree Murder is 10-50 years (assuming defendant has no prior felonies)
Posted on 4/15/14 at 3:41 pm to Bigpoppat
quote:
Attempted Second Degree Murder is 10-50 years (assuming defendant has no prior felonies)
not sure how Louisiana treats attempt charges (LA law is so ridiculous), but assuming that it treats attempts as other states do - attempt penalties are the same as if you actually completed the underlying crime, the punishment for 2nd degree murder is:
B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Posted on 4/15/14 at 3:50 pm to tadelatt
quote:
Doesn't matter really, live or die it was attempted murder and he will do 25 to life, probably life
I know nothing. But I was wondering when a "crime of passion" is considered.
Posted on 4/15/14 at 9:45 pm to Kingpenm3
I haven't been on all day but yesterday he was doing better and after his second surgery he is worse? What happened
Posted on 4/15/14 at 10:41 pm to lsufball19
Attempt is half and in La half of life is 50 years
Posted on 4/16/14 at 8:17 am to ELVIS U
Isn't this guy's dad the principle at an elementary school?
Posted on 4/16/14 at 8:37 am to ELVIS U
quote:
Depends on how you define premeditated.
this is not how it works. Premeditated murder is pretty cut and dry.
Posted on 4/16/14 at 10:41 am to cas4t
quote:
this is not how it works. Premeditated murder is pretty cut and dry.
Louisiana murder statutes never say the word premeditated anywhere, so let's stop using that word. If I planned out a murder and police found my plans, it would still be second degree murder.
First Degree Murder Statutes
Second Degree Murder Statutes
Also, each statute is preceded by
quote:, which means that any accidental death (i.e. Manslaughter) does not fall under the classification of murder.
When the offender has a specific intent to kill or to inflict great bodily harm
This is attempted second degree murder.
Posted on 4/16/14 at 9:04 pm to MintBerry Crunch
I see this thread had fallen off. Any new news?
Posted on 4/16/14 at 10:23 pm to Dale Doubak
Moved from ICU into a private room. They've got him up and standing. He's doing very well all things considered.
Posted on 4/17/14 at 9:06 am to TorNation
Thanks for the update. This thread had devolved into a debate on legal semantics.
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