- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Ahmaud Arbery’s killers sentenced to life in prison, two with no chance of parole
Posted on 1/8/22 at 9:07 am to RogerTheShrubber
Posted on 1/8/22 at 9:07 am to RogerTheShrubber
quote:
What evidence do you have it was premeditated, outside of your personal bias an inability to see between extremes?
What evidence do you have that they didn’t attempt to perform an illegal detainment (kidnapping BTW had they not killed him) and that they didn’t have intent to harm?
1
Posted on 1/8/22 at 9:08 am to RogerTheShrubber
quote:
Wasn't premeditated, no previous track record of gun violence.
The severity was based on overly emotional race hucksters.
No. The severity was based on overly emotional "tough on crime" laws of conservatives.
Posted on 1/8/22 at 9:10 am to Obtuse1
quote:
There is plenty of case law in GA (can provide the cites if you are interested) that deals with this, more than enough for a judge to make a solid interpretation of the law in his jury instructions. GA courts have held the two terms to be synonymous. The codified law is a little messy but the case law clears it up. Honestly, 50% or more of codified law could use some tweaking but the legislature has to be careful since it often results in unintended consequences like the unintended changes to the WI law regarding minors in possession of firearms
Ok so do they need to witness the crime right in front of them?
Posted on 1/8/22 at 9:10 am to SlowFlowPro
quote:
The severity was based on overly emotional "tough on crime" laws of conservatives.
Imagine believing this case is related to any tough on crime stance.
You've really been on a roll.
Posted on 1/8/22 at 9:10 am to RogerTheShrubber
quote:
Their case was high profile so they unfortunately get the max sentence
Um, none of the defendants got the max sentence.
Posted on 1/8/22 at 9:11 am to RogerTheShrubber
quote:
Imagine believing this case is related to any tough on crime stance.
It literally is. Felony murder statutes are from "tough on crime" conservatives. That's the statute all were convicted under.
One did get malice murder, but we can ignore that b/c they all got felony murder.
Posted on 1/8/22 at 9:11 am to BluegrassBelle
quote:
What evidence do you have that they didn’t attempt to perform an illegal detainment (kidnapping BTW had they not killed him) and that they didn’t have intent to harm?
That's stupid.
Posted on 1/8/22 at 9:12 am to RogerTheShrubber
quote:
What evidence do you have it was premeditated
Being premeditated is not relevant.
They were all convicted of felony murder, which does not require premeditation.
Posted on 1/8/22 at 9:12 am to RogerTheShrubber
quote:
That's stupid.
Which part, specifically?
Did they commit a felony prior to any triggers being pulled?
Were the triggers being pulled related to a felony act?
Posted on 1/8/22 at 9:16 am to SlowFlowPro
quote:
That's stupid.
--------------------------------------------------------------------------------
Which part, specifically?
And you practice law..lolol..
Can you prove it was premeditated?
Posted on 1/8/22 at 9:20 am to RogerTheShrubber
quote:
Can you prove it was premeditated?
No. Why does that matter?
They weren't convicted of premeditated murder.
They were all convicted of felony murder.
And I see you skipped the part about the max sentence. The max sentence for felony murder in GA is the death penalty. Which of the 3 received that sentence?
Posted on 1/8/22 at 9:25 am to WaWaWeeWa
quote:
It says “or immediate knowledge”. That’s pretty vague.
This has been interpreted by GA case law to be synonymous with being in the presence of.
Posted on 1/8/22 at 9:27 am to JohnnyKilroy
"Immediate" is pretty clear, despite what people on here want to argue.
The fact that they didn't see anything on the day of the incident removes any argument about "immediate" knowledge.
The fact that no theft occurred also removes any argument, but only from a hindsight analysis. You can't witness a crime that didn't occur.
quote:
1.occurring or done at once; instant.
2.nearest in time, relationship, or rank.
quote:
(1): near to or related to the present
the immediate past
(2): of or relating to the here and now : CURRENT
too busy with immediate concerns to worry about the future
2a: existing without intervening space or substance
brought into immediate contact
b: being near at hand
the immediate neighborhood
3: being next in line or relation
the immediate family
4a: acting or being without the intervention of another object, cause, or agency : DIRECT
the immediate cause of death
b: present to the mind independently of other states or factors
immediate awareness
c: involving or derived from a single premise
an immediate inference
5: directly touching or concerning a person or thing
the child's immediate world is the classroom
The fact that they didn't see anything on the day of the incident removes any argument about "immediate" knowledge.
The fact that no theft occurred also removes any argument, but only from a hindsight analysis. You can't witness a crime that didn't occur.
Posted on 1/8/22 at 9:27 am to SlowFlowPro
quote:
quote:
--------------------------------------------------------------------------------
Can you prove it was premeditated?
--------------------------------------------------------------------------------
No. Why does that matter?
That's the conversation you butted into, ignorant of what is being said.
Georgia doesn't differentiate between degrees, but this should be second degree in most States.
This post was edited on 1/8/22 at 9:33 am
Posted on 1/8/22 at 9:30 am to RogerTheShrubber
quote:
That's the conversation you butted into, ignorant of what is being said.
I saw. You said:
quote:
Wasn't premeditated, no previous track record of gun violence.
The severity was based on overly emotional race hucksters.
You interjected premeditation. How is that relevant to anything? How is their history relevant to anything?
Posted on 1/8/22 at 9:31 am to RogerTheShrubber
quote:
That's the conversation you butted into, ignorant of what is being said.
You’re arguing that they shouldn’t have received the sentence they did.
How much time do you think they should have had?
As Slow said, premeditation isn’t part of felony murder in GA. This is felony murder in Georgia:
Felony murder is applicable when someone during the commission of a felony crime kills someone irrespective of malice.
Justia link to Georgia code
They committed a felony when they attempted to kidnap him with an illegal detainment. Then they killed him. Pretty textbook felony murder by that definition.
This post was edited on 1/8/22 at 9:33 am
Posted on 1/8/22 at 9:32 am to RogerTheShrubber
quote:
The severity was based on overly emotional race hucksters.
What would have been an appropriate sentence?
Posted on 1/8/22 at 9:32 am to JohnnyKilroy
quote:
This has been interpreted by GA case law to be synonymous with being in the presence of.
Yea that’s why I’m saying the law is bullshite or you are misrepresenting it. If “immediate knowledge” means “in the presence of” then why would the three words DIRECTLY BEFORE that be “in his presence”.
Kind of redundant right?
quote:
O.C.G.A. 17-4-60 (2010) 17-4-60. Grounds for arrest A private person may arrest an offender if the offense iscommitted in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
So let’s just translate the legalese in your words….
A private person may arrest an offender if the offense is committed in his presence or in his presence
Makes sense
Posted on 1/8/22 at 9:33 am to JohnnyKilroy
quote:
What would have been an appropriate sentence?
With a chance of parole. shite the average prison sentence for murder in GA is about 10 years.
What makes this case more serious than the average GA homicide?
This post was edited on 1/8/22 at 9:36 am
Posted on 1/8/22 at 9:34 am to RogerTheShrubber
Why should they have received parole?
Page 6 of 10
Popular
Back to top
Follow TigerDroppings for LSU Football News