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re: In slaying of 6-year-old in Baton Rouge

Posted on 11/6/18 at 9:23 am to
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45513 posts
Posted on 11/6/18 at 9:23 am to
quote:

But, I can easily hear gun control enthusiasts saying if the family didn't even have the gun, the young child would still be alive.



That's assuming the gun was owned legally.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 11/6/18 at 9:31 am to
quote:


Imprisonment or detention, regardless if 13 or 34 for this kind of crime, in my opinion, is not cruel or unusual punishment
But is it a violation of due process of law?

quote:

How would a higher bail of 100k be excessive considering the kid sought out the firearm, pointed it, and pulled the trigger on a 6 year old. 
Because it is more than is needed to make sure the kid shows at trial.

quote:

Why do you think the bail is sufficient?
Because I don't think this 13 year old is likely to try to go on the run to avoid trial.
This post was edited on 11/6/18 at 9:32 am
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 11/6/18 at 10:04 am to
quote:

But is it a violation of due process of law?



What?!?!?! no. You can't be serious.

quote:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


quote:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


The kid pointed a gun at and killed a 6 year old. Violation of due process would be the denial of procedure. For example, There has not been the denial of a criminal trial prior to sentencing. Detention until trial is not a violation of due process.
This post was edited on 11/6/18 at 10:05 am
Posted by Snipe
Member since Nov 2015
17162 posts
Posted on 11/6/18 at 10:22 am to
quote:

why are no charges pending towards the parent(s)?


Good luck finding them.

If/ When the fire arm is located (If it hasn't been already, last I heard it had not been recovered) The serial numbers need to be traced to who it belongs to (The last documented sale of the gun) and if that person can not show proof of sale, or a police report of it being stolen IMO that individual should he held responsible as well.

When you own a fire arm you have a moral duty to make sure it is secure at all time.

Holding the last recorded owner of the fire arm responsible will largely end undocumented person to person sales (sometime refereed to as gun show loopholes)
Posted by CarrolltonTiger
New Orleans
Member since Aug 2005
50291 posts
Posted on 11/6/18 at 10:42 am to
quote:

Investigators agreed the two children had been playing outside among a group of people who at some point had talked about making a rap video. Later, the 13-year-old went inside his house and came back with a gun, Moore said.


Just part of creating art and keeping it real.
Posted by sabanisarustedspoke
Member since Jan 2007
5959 posts
Posted on 11/6/18 at 11:17 am to
quote:


Juvenile or not, accident or intentional, there is a small child dead. How is it bail is set at 15k? More importantly, why are no charges pending towards the parent(s)?




Exactly. Why is the owner of the gun not charged? How is it not obvious that we have a "People control" problem and not a gun control problem.
Posted by PiscesTiger
Concrete, WA
Member since Feb 2004
53696 posts
Posted on 11/6/18 at 11:18 am to
What parents?

We, the taxpayers, are his parents.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 11/6/18 at 11:21 am to
quote:

nor be deprived of...liberty...without due process of law
There you go.

quote:

Detention until trial is not a violation of due process.
It can be according to the Supreme Court.
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 11/6/18 at 12:11 pm to
quote:

More importantly, why are no charges pending towards the parent(s)?
what charges should be pending?
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 11/6/18 at 12:22 pm to
quote:

Detention until trial is not a violation of due process.

quote:

It can be according to the Supreme Court.


Yea, when no real crime has been committed.
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 11/6/18 at 12:24 pm to
I would start with Improper supervision of a minor by parent or legal custodian. But i'm sure there is a whole host of laws they have broken.
This post was edited on 11/6/18 at 12:30 pm
Posted by Tempratt
Member since Oct 2013
15307 posts
Posted on 11/6/18 at 12:29 pm to
quote:

..read an article yesterday that said the 6 year old and 13 year old were arguing and the 13 year old got a gun and shot the 6 year old.


If this is accurate then he knew damned well what he was doing. Nothing will be done to him.
Posted by brass2mouth
NOLA
Member since Jul 2007
20735 posts
Posted on 11/6/18 at 12:33 pm to
quote:

who probably didnt understand the magnitude of what he was doing?


At 13?!?


Man, the standard at which kids are held has really been lowered significantly.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 11/6/18 at 1:03 pm to
quote:

when no real crime has been committed
No that isn't the standard. So when does the presumption of innocence apply and when does it not?
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 11/6/18 at 1:58 pm to
On the advocate? Or WBRZ?
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
28115 posts
Posted on 11/6/18 at 2:22 pm to
I don't remember... I think WBRZ.
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