twa Posted October 2, 2014 Share Posted October 2, 2014 Then it's self defense. And it's not Murder 2, it's no crime at all. (I will also throw the "Zimmerman got out of his car" line at you, too.) that would hinge on perceived being the reality the jury sees. your judgement is always second guessed and it is murder 2 if they disagree....despite the absence of premeditation add the prosecution in the Z case would need to demonstrate a determination to do harm , getting out is perfectly fine,just as carrying his gun was now if he drove home to get his gun Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 Please feel free to bless all the ignorant people who do not possess the absolute knowledge which you, and only you, possess. I would think that a good way to do so, would by to create a hypothetical example of a situation in which Murder 2 is the correct charge, under your so far unannounced standard. Some imaginary situation in which it can be proven that a person intended to kill, (and to kill an innocent person, as opposed to in self defense), but who it can also be proven did not think about his actions for a millisecond. Easy. Murder one is the scene in Goodfellas were Tommy shoots and kills Spider. One second, they are busting balls. The next second, he shoots him in the chest. Murder two would the earlier scene where Tommy shoots Spider in the leg. Say it hits the femoral artery and Spider bleeds out. There was not intent to kill there, but there was emnity toward the victim and acted without regard to human life. Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit? Link to comment Share on other sites More sharing options...
skinsmarydu Posted October 2, 2014 Share Posted October 2, 2014 He fired at the vehicle as it was driving away from him, the perceived threat (of loud music, LOL) was no longer there. Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit?Attempted murder & manslaughter 2. Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 He fired at the vehicle as it was driving away from him, the perceived threat (of loud music, LOL) was no longer there. Attempted murder & manslaughter 2. Nope Link to comment Share on other sites More sharing options...
Larry Posted October 2, 2014 Share Posted October 2, 2014 Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit? Felony murder. I watch TV. Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 Felony murder. I watch TV. Nope Link to comment Share on other sites More sharing options...
Larry Posted October 2, 2014 Share Posted October 2, 2014 Nope Yes. You committed a felony (Assault with a deadly weapon). And someone died. (twa) Murder 1. Link to comment Share on other sites More sharing options...
btfoom Posted October 2, 2014 Share Posted October 2, 2014 Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit? Horrible posting and bad case of straw-man? Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 Yes. You committed a felony (Assault with a deadly weapon). And someone died. (twa) Murder 1. It's not felony murder. It is murder one. (In Pennsylvania, felony murder was muder two. I actually think it is that in Florida as well). It is murder one because my intent to kill Larry gets transferred to twa. However, if I just winged twa, the transferred intent does not go to him and I cannot be charged with attempted murder of twa (just Larry). Fun, huh? Horrible posting and bad case of straw-man? Shoo, fly. Link to comment Share on other sites More sharing options...
btfoom Posted October 2, 2014 Share Posted October 2, 2014 It's not felony murder. It is murder one. (In Pennsylvania, felony murder was muder two. I actually think it is that in Florida as well). It is murder one because my intent to kill Larry gets transferred to twa. However, if I just winged twa, the transferred intent does not go to him and I cannot be charged with attempted murder of twa (just Larry). Fun, huh? Shoo, fly. Oh, so you are the only one who can be sarcastic posting here? Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 Oh, so you are the only one who can be sarcastic posting here? Yes. Because I am good at it. Link to comment Share on other sites More sharing options...
skinsmarydu Posted October 2, 2014 Share Posted October 2, 2014 It's not felony murder. It is murder one. (In Pennsylvania, felony murder was muder two. I actually think it is that in Florida as well). It is murder one because my intent to kill Larry gets transferred to twa. However, if I just winged twa, the transferred intent does not go to him and I cannot be charged with attempted murder of twa (just Larry). Fun, huh? OK, do I win anything for knowing there was "attempted" in there somewhere? LOL I thought the attempted went to Larry, but gross negligence would be twa's killing? (making it man 2) Link to comment Share on other sites More sharing options...
Forehead Posted October 2, 2014 Share Posted October 2, 2014 I wouldn't convict Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 OK, do I win anything for knowing there was "attempted" in there somewhere? LOL I thought the attempted went to Larry, but gross negligence would be twa's killing? (making it man 2) Nope. It's called transferred intent. The idea is that if you intend to kill person A but kill person B, you shouldn't get a break. Link to comment Share on other sites More sharing options...
Kilmer17 Posted October 2, 2014 Share Posted October 2, 2014 Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit? Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit? What color skin does twa have in this scenario? (ducks) Link to comment Share on other sites More sharing options...
twa Posted October 2, 2014 Share Posted October 2, 2014 I'm going with negligent homicide since ya haven't proven intent.....if I wasn't already dead that is. Link to comment Share on other sites More sharing options...
Lombardi's_kid_brother Posted October 2, 2014 Share Posted October 2, 2014 Please feel free to bless all the ignorant people who do not possess the absolute knowledge which you, and only you, possess. By the way, was my answer enough of a blessing? Link to comment Share on other sites More sharing options...
TheGoodBits Posted October 2, 2014 Share Posted October 2, 2014 By the way, was my answer enough of a blessing? Larry is busy search google for at least 17 links that won't prove you wrong, but will make people think he's winning the argument since he's providing so much evidence. Link to comment Share on other sites More sharing options...
skinsmarydu Posted October 2, 2014 Share Posted October 2, 2014 I'm going with negligent homicide since ya haven't proven intent.....if I wasn't already dead that is.That's why I went with my response...he attempted to kill Larry, and negligence with his gun caused your death. Hey, we're both wrong! (but you're dead...) Link to comment Share on other sites More sharing options...
twa Posted October 2, 2014 Share Posted October 2, 2014 That's why I went with my response...he attempted to kill Larry, and negligence with his gun caused your death. Hey, we're both wrong! (but you're dead...) I'll haunt his ass Link to comment Share on other sites More sharing options...
skinsmarydu Posted October 2, 2014 Share Posted October 2, 2014 I'll haunt his assknew you would Link to comment Share on other sites More sharing options...
DCSaints_fan Posted October 2, 2014 Share Posted October 2, 2014 Here's a fun 1L Criminal Law mid-term question. I am planning to murder Larry. I aim my gun, but I'm a pansy liberal who has never fired a weapon. I miss terribly and instead hit and kill twa. What crime did I commit? Well, if you are cop in certain jurisdictions and your victim is an unarmed black man? Paid administrative leave. Link to comment Share on other sites More sharing options...
Chachie Posted October 17, 2014 Share Posted October 17, 2014 http://news.yahoo.com/fla-man-gets-life-prison-loud-music-killing-155430146.html JACKSONVILLE, Fla. (AP) — A Florida man convicted of first-degree murder for fatally shooting a teenager in an argument over loud music outside a Jacksonville convenience store was sentenced Friday to life in prison without parole. "Mr. Dunn, your life is effectively over," Healey said. "What is sad ... is that this case exemplifies that our society seems to have lost its way."The life sentence imposed by Circuit Judge Russell Healey was mandatory for 47-year-old Michael Dunn after prosecutors decided not to seek the death penalty. Dunn was convicted of first-degree murder at a second trial in September after jurors deadlocked on the charge at his initial trial in February. Prosecutors say Dunn, who is white, fired 10 times into a sport utility vehicle carrying black teenagers in November 2012 and killed 17-year-old Jordan Davis of Marietta, Georgia. Link to comment Share on other sites More sharing options...
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