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Started By
Message
re: Should There Be A Difference in Punishment for Murder and Attempted Murder?
Posted on 7/30/20 at 11:06 am to dukke v
Posted on 7/30/20 at 11:06 am to dukke v
quote:
You are getting owned by Lunchbox of all posters.... please... and IF you know SO much about Louisiana law than answer my preivious post.......
This one?
quote:
In Louisiana if you are convicted of 2nd degree murder you get life without parole. And if you get convicted of 1st degree murder it’s life without parole or execution...... but take out the execution part and tell me the difference.
If so, would you mind rephrasing, as I'm not sure what you're asking.
0
Posted on 7/30/20 at 11:06 am to Joshjrn
quote:
Please explain.
Intent. If you go have 5-6 beers and drive home, you aren't trying to kill someone. It's a dumb, reckless decision, but there's no intent to kill.
Attempted murder is the intent of trying to kill someone or cause serious bodily harm.
Posted on 7/30/20 at 11:06 am to TH03
Yet I just did.... he has no answer for my question....
Posted on 7/30/20 at 11:08 am to dukke v
quote:
You are getting owned by Lunchbox of all posters
And just to go back to this, the only substantive post of his I can find on this thread is this:
quote:
I can't easily explain it, because you won't accept it. DWI is not equal to attempted murder the way you're trying to connect them. That's not feelings, it's facts.
But you're going to argue it, because it's what you do.
Everything else is him whining about me.
But yeah, I'm getting fricking wrecked
Posted on 7/30/20 at 11:10 am to Joshjrn
quote:
But yeah, I'm getting fricking wrecked
You got so wrecked you completely lost your cool and just told me to frick off for calling you out on your posting style.
hope you're better in court than you are here.
Posted on 7/30/20 at 11:10 am to VADawg
quote:
Intent. If you go have 5-6 beers and drive home, you aren't trying to kill someone. It's a dumb, reckless decision, but there's no intent to kill.
Attempted murder is the intent of trying to kill someone or cause serious bodily harm.
Again, I didn't ask whether DWI should carry the same penalty as Attempted Second Degree Murder, or Murder. I asked whether it should carry the same penalty as Vehicular Homicide:
quote:
§32.1. Vehicular homicide
A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:
(1) The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.
(2) The operator's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
(3) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(4) The operator is under the influence of alcoholic beverages.
(5)(a) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.
(b) It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.
(6) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.
(7) The operator's blood has any detectable amount of any controlled dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or a metabolite of such controlled dangerous substance, that has not been medically ordered or prescribed for the individual.
B. Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years. At least three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. If the operator's blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. If the offender was previously convicted of a violation of R.S. 14:98, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court shall require the offender to participate in a court-approved substance abuse program and may require the offender to participate in a court-approved driver improvement program. All driver improvement courses required under this Section shall include instruction on railroad grade crossing safety.
C. Whoever commits the crime of vehicular homicide shall be sentenced as an offender convicted of a crime of violence if the offender's blood alcohol concentration, at the time of the offense, exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
D. Notwithstanding the provisions of Code of Criminal Procedure Article 883, if the offense for which the offender was convicted pursuant to the provisions of this Section proximately or directly causes the death of two or more human beings, the offender shall be sentenced separately for each victim, and such sentences shall run consecutively. In calculating the number of deaths for purposes of this Subsection, a human being includes an unborn child.
Posted on 7/30/20 at 11:10 am to Joshjrn
Well answer my question then Mr lawyer........
Posted on 7/30/20 at 11:11 am to LNCHBOX
quote:
You got so wrecked you completely lost your cool and just told me to frick off for calling you out on your posting style.
hope you're better in court than you are here.
Never lost my cool. Telling you to frick off is simply telling you to frick off. You keep saying you don't want to engage with me, so frick off
Posted on 7/30/20 at 11:11 am to Joshjrn
quote:
Never lost my cool. Telling you to frick off is simply telling you to frick off. You keep saying you don't want to engage with me, so frick off
Right
Posted on 7/30/20 at 11:11 am to dukke v
quote:
Well answer my question then Mr lawyer........
Are you being intentionally dense? I asked you to rephrase it because I'm not sure what you're attempting to ask.
Posted on 7/30/20 at 11:12 am to LNCHBOX
quote:
You got so wrecked you completely lost your cool and just told me to frick off
I wish more people would post the succinct “frick off” to you, me, pride, salmon, et al.
There’s just something about the 2 word punch that makes me laugh every time.
Posted on 7/30/20 at 11:15 am to Joshjrn
quote:
Joshjrn
You've made LNCHBOX seem like the rational person in an argument. Congrats
Posted on 7/30/20 at 11:15 am to Joshjrn
What????? All you have to do is go back and read my SIMPLE post like two pages ago about life sentences...
Posted on 7/30/20 at 11:19 am to dukke v
quote:
What????? All you have to do is go back and read my SIMPLE post like two pages ago about life sentences...
Yay, another jackass.
The difference, generally, between First Degree Murder and Second Degree Murder in Louisiana is the presence or absence of certain aggravating factors.
Ask a better question and I'll give you a better answer.
Posted on 7/30/20 at 11:20 am to Epic Cajun
quote:
You've made LNCHBOX seem like the rational person in an argument. Congrats
Do I win a pony?
Posted on 7/30/20 at 11:21 am to Joshjrn
My question was perfect. Read it again and THEN tell me the difference. And I’m not a jackass.... I asked a question and you want to argue.....
Posted on 7/30/20 at 11:23 am to LNCHBOX
Post my original question for this fool......
Posted on 7/30/20 at 11:23 am to dukke v
quote:
My question was perfect. Read it again and THEN tell me the difference. And I’m not a jackass.... I asked a question and you want to argue.....
I imagine this all sounds very clever and persuasive in your head.
Posted on 7/30/20 at 11:33 am to Joshjrn
And yet you can’t come up with the answer as to why A 2nd degree murder conviction leads to life in prison without parole and so does a conviction of 1st degree murder.... why does Louisiana have this in place??????
Posted on 7/30/20 at 11:38 am to dukke v
quote:
And yet you can’t come up with the answer as to why A 2nd degree murder conviction leads to life in prison without parole and so does a conviction of 1st degree murder.... why does Louisiana have this in place??????
Much more clear question.
Both Second Degree Murder and First Degree Murder carry life without the opportunity for parole (we are going to ignore juveniles for the sake of brevity) as the mandatory minimum sentence under the law. It's also the maximum sentence for Second Degree Murder.
If there are certain aggravating factors present, i.e. the victim is very old or very young, it was a murder for hire, it was during the perpetration of an enumerated felony, it was a mass killing, it was the killing of a police officer, then while the mandatory minimum sentence does not change, the maximum penalty increases. It would be up to the jury to decide whether to impose that enhanced maximum sentence.
Increasing sentencing parameters due to aggravating factors is extremely common in Louisiana criminal law. I imagine this is because the legislature believes that this acts as a greater deterrent in those specific instances.
This post was edited on 7/30/20 at 11:40 am
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