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Thread: James Brady Death ruled a Homicide.

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Swit View Post
    You are wrong:

    A charge of murder requires that the victim must die within a year of the attack.

    Legal definition of murder
    And from this century:

    Year and a day rule - Wikipedia, the free encyclopedia

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Paleocon View Post
    Interesting... Thanks for the education. I can point out a bunch of different Illinois cases that were thrown out to the Year and a day rule but from you link it appear that its still open to interpretation in the US... Perhaps to Three years and a day. From you link:

    United States

    The rule's status in the United States is less clear: many states have abolished it completely, and in 2001 the Supreme Court held that a Tennessee court's retroactive abolition of the rule was constitutional.[2] However, the rule's common law status has been successfully used by defendants to overturn convictions as recently as 2003: the Supreme Court of Wisconsin upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is "the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge" and the court's finding that it is "unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century".[3]

    In California, the "year and a day" rule has been changed to a "three years and a day" rule.[4] If a death occurs more than three years and one day after the act alleged to have caused it, there is "a rebuttable presumption that the killing was not criminal", but the prosecution may seek to overcome this presumption.[5]




    I am looking into which states comprise many, will get back on that. Appears we actually may be getting wiser in some aspects.

    I will contend though... 33 years is no where in the scope of this conversation nor was this man on life support during all that time. But I must admit that Californi'a adoption of 3 years and a day definately refutes the year and a day standard.

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Buck Ewer View Post
    On that point you disagree with Ronald Reagan and millions of Americans who supported the bill for that very reason.
    actually most people have no clue about hinkley's situation and they might have been told it would have stopped him but it would not have. He didn't have anything in his record that would have prevented him from buying a handgun from a licensed dealer and of course, only morons believe someone willing to kill the president would have been stopped if a FFL dealer had turned him down

    most people who support these stupid laws have very little understanding of the issues.



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    Re: James Brady Death ruled a Homicide.

    Gun Foes Should Tell The Whole Story - Chicago Tribune

    Handgun Control raises millions of dollars through direct-mail solicitations complaining that Hickley bought his handguns without a criminal or mental records check. But the fundraisers don`t mention that Hinckley had no felony record and no public record of mental illness.

    and the Brady claim that he was not a resident of texas was also a lie

    so the Brady bill would not have stopped John Hinckley from buying a handgun through a licensed dealer

    like most gun restrictions-the arguments made in its favor are generally dishonest, lies or don't tell near the whole story



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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Swit View Post
    Interesting... Thanks for the education. I can point out a bunch of different Illinois cases that were thrown out to the Year and a day rule but from you link it appear that its still open to interpretation in the US... Perhaps to Three years and a day. From you link:

    United States

    The rule's status in the United States is less clear: many states have abolished it completely, and in 2001 the Supreme Court held that a Tennessee court's retroactive abolition of the rule was constitutional.[2] However, the rule's common law status has been successfully used by defendants to overturn convictions as recently as 2003: the Supreme Court of Wisconsin upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is "the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge" and the court's finding that it is "unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century".[3]

    In California, the "year and a day" rule has been changed to a "three years and a day" rule.[4] If a death occurs more than three years and one day after the act alleged to have caused it, there is "a rebuttable presumption that the killing was not criminal", but the prosecution may seek to overcome this presumption.[5]




    I am looking into which states comprise many, will get back on that. Appears we actually may be getting wiser in some aspects.

    I will contend though... 33 years is no where in the scope of this conversation nor was this man on life support during all that time. But I must admit that Californi'a adoption of 3 years and a day definately refutes the year and a day standard.
    Actually it is no longer in force in most states.

    http://leg2.state.va.us/dls/h&sdocs.nsf/fc86c2b17a1cf388852570f9006f1299/8b3110f558f1f8ef85256ebe006269ad/$FILE/RD45.PDF

    Pages 11-13

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Paleocon View Post
    Actually it is no longer in force in most states.

    http://leg2.state.va.us/dls/h&sdocs.nsf/fc86c2b17a1cf388852570f9006f1299/8b3110f558f1f8ef85256ebe006269ad/$FILE/RD45.PDF

    Pages 11-13
    Thanks for the link I was looking for it.... you are most definately corerct 31 states have in one form or another abolished the year and a day rule.... lets hope the other 19 get on board.

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by cpgrad08 View Post
    So if you shoot a person, they survive and die twenty years later it can be called a homicide.

    Reagan aide Jim Brady's death ruled homicide
    I have no issue believing that a gunshot wound over 30 years ago could have caused health consequences causing a premature death in Brady.


    For example, Christopher Reeves, who broke his neck after being thrown from a horse....died about 10 years after his broken neck. Did he die from a broken neck? No. Would he have repeated pressure ulcers and blood stream infections due to the pressure ulcers without that broken neck? No. So his death was clearly attributable to his injury 10 years prior.

    So I can see how a GSW 30 years ago can be the event that eventually lead to his death. Do I think it will or should tried in court - probably not.

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Swit View Post
    Thanks for the link I was looking for it.... you are most definately corerct 31 states have in one form or another abolished the year and a day rule.... lets hope the other 19 get on board.
    Agreed.

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Thrilla View Post
    nothing wrong with ruling his death a homicide.... if the medical facts determine that he died from consequences of the wound he recieved decades ago.
    Except he was 73 years old.
    Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. It is inaccurate to say that I hate everything. I am strongly in favor of common sense, common honesty, and common decency. This makes me forever ineligible for public office. H.L Mencken

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    Re: James Brady Death ruled a Homicide.

    Quote Originally Posted by Buck Ewer View Post
    The coroner determined that if Brady had not been shot thirty three years ago he would still be alive.
    Brady was 74. had he not been shot he may have lived to be ...who knows 80? 90? possibly 100?.
    Oh this is hog wash to the nth degree. Brady was 73. Male life span in the US is 77. If Brady was on a ventilator for the last 33 years, absolutely a homicide. But the man lived a normal life for a man in his situation. Government doesn't reclassify combat deaths 30 years down the road for vets who pass due to brain injuries.. why is Brady special?

    I bet this all has to do with insurance policies.
    Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. It is inaccurate to say that I hate everything. I am strongly in favor of common sense, common honesty, and common decency. This makes me forever ineligible for public office. H.L Mencken

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