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Thread: Teen charged with 1st-degree murder in officer's death

  1. #11
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    Re: Teen charged with 1st-degree murder in officer's death

    Quote Originally Posted by X Factor View Post
    And I bet the kid was entrapped! Seriously, are there any criminal laws you support?
    Hyperbole aside, 1st degree is premeditated murder. I'd say this is 3rd degree at best, most accurately manslaughter.
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    Re: Teen charged with 1st-degree murder in officer's death

    Ikari is correct. It is highly unlikely that the kid planned to get stopped by this particular cop and then drag him to his death. The most probably scenario would be manslaughter or second degree murder.

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    Re: Teen charged with 1st-degree murder in officer's death

    It's a mistake to believe it's only murder if you plan it out in advance.
    The greatness of a nation and its moral progress can be judged by the way its animals are treated.
    Mahatma Gandhi


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    Re: Teen charged with 1st-degree murder in officer's death

    Quote Originally Posted by Ikari View Post
    Hyperbole aside, 1st degree is premeditated murder. I'd say this is 3rd degree at best, most accurately manslaughter.
    Nope.

    Murder: Second degree

    Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.
    And first degree :
    Murder: First Degree

    In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.

    For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.

    Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery.
    There is a possibility they can go with the felony murder rule but 2nd degree certainly seems to fit the circumstances best unless and until more details are released.

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    Re: Teen charged with 1st-degree murder in officer's death

    I'd say third degree is most likely the most accurate designation

    Third degree murder is often referred to as involuntary manslaughter. Involuntary manslaughter is murder that was not intended specifically by the defendant. Criminal negligence is often the precursor to involuntary manslaughter. Reckless use of a motor vehicle, firearms, explosives, animals, medicine, and the like that results in the death of a person falls under this category of murder. Some states also consider it murder to cause or aid another's suicide, or to supply drugs which result in death.
    You know the time is right to take control, we gotta take offense against the status quo

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    Re: Teen charged with 1st-degree murder in officer's death

    Quote Originally Posted by Ikari View Post
    That hardly sounds like 1st degree murder
    Under Canadian law, killing a police officer with or without intent you get an automatic 1st degree murder charge.
    "Yes, but are you a Protestant atheist or a Catholic atheist?".- Northern Irish joke

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    Re: Teen charged with 1st-degree murder in officer's death

    Quote Originally Posted by Arcana XV View Post
    Under Canadian law, killing a police officer with or without intent you get an automatic 1st degree murder charge.
    That could very well be the law. But I don't believe it to fit the actual definition of 1st degree murder.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
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    Re: Teen charged with 1st-degree murder in officer's death

    Sounds like manslaughter to me, at most. And there's no reason to bring his parents into it; I'm sure they would have happily told their son not to kill police officers if they'd known the kid was too stupid to figure it out on his own.

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    Re: Teen charged with 1st-degree murder in officer's death

    Quote Originally Posted by Ikari View Post
    Hyperbole aside, 1st degree is premeditated murder. I'd say this is 3rd degree at best, most accurately manslaughter.
    All those are felonies. Wouldn't you feel bad if a 15 year old got a felony conviction?
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    Re: Teen charged with 1st-degree murder in officer's death

    Quote Originally Posted by Ikari View Post
    That could very well be the law. But I don't believe it to fit the actual definition of 1st degree murder.
    ... What is murder, if it isn't exactly what the law says it is? 1st degree murder is defined by statute.

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