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Thread: Burglar's family awarded $300,000 in wrongful death suit

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Where exactly can we draw the line between self-defense and "wrong"?

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    I'm kinda wondering what would've happened had they tried to go for a more cut-and-dried charge like negligent homicide or, bare minimum, manslaughter. Those almost seem like slam dunks. The mens rea argument seems to be a little more lenient that way. Of course, I'm no lawyer.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    I'm kinda wondering what would've happened had they tried to go for a more cut-and-dried charge like negligent homicide or, bare minimum, manslaughter. Those almost seem like slam dunks. The mens rea argument seems to be a little more lenient that way. Of course, I'm no lawyer.
    even simple assault should have been a slam dunk.
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Well yeah, but assault would be a slap on the wrist most likely. I'm being devil's advocate here (prosecutor), so I'd want to find the worst crime I could make stick. The two I mentioned would have a great shot, in my opinion. Both of those could also carry a year or three in jail.

    Assault is what you get when you smack Snooki in a bar for being mouthy. That dude was on the street after four hours and a couple hundred bucks.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    Well yeah, but assault would be a slap on the wrist most likely. I'm being devil's advocate here (prosecutor), so I'd want to find the worst crime I could make stick. The two I mentioned would have a great shot, in my opinion. Both of those could also carry a year or three in jail.

    Assault is what you get when you smack Snooki in a bar for being mouthy. That dude was on the street after four hours and a couple hundred bucks.
    maybe the prosecutor didn't want to convict these guys so he filed charges that he knew would never make it to trial?
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Very possible. He'd be disbarred if he did, and there was evidence of it.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    Very possible. He'd be disbarred if he did, and there was evidence of it.
    be damned hard to prove intent if he did. more likely, some bleeding heart coerced him into charging these guys
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by OscarB63 View Post
    be damned hard to prove intent if he did. more likely, some bleeding heart coerced him into charging these guys
    Or he legitimately thought the charges were valid, but was overridden due to jury nullification. Not a lot of people are in a position to tell a DA who to prosecute.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by mertex View Post
    Sounds like a Teabagger talking. I don't blame anyone for not wanting to admit they are one.......

    And, this was not a home invasion - reading abilities would have clarified that.
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    You are wise to take the high road, Leo. There's no fixing "stupid".
    People who resort to ad homs are severely lacking in an intelligent argument. Obviously, one of the posts you were trying to refer to was a hypothetical. Look that word up, and become familiar with it. Many people on political forums use hypothetical situations to demonstrate a point. I'm sure even you could muster an example.
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Aderleth View Post
    I will never stop being amazed when people attempt to defend the actions of murderers. Frankly, these guys got off lucky. They should be in prison, not just in debt.
    I will never stop being amazed at how reflexively you take up with the side of criminals.

    They should not be in prison. They were defending their livelihood from bandits, and given the fact that the bandits were armed, I am not so sure they should be liable for anything. One can only speculate as to what degree the fact that the defendants were immigrants from a former eastern bloc nation might have had on the jury's decision.

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