juliaoceania -> RE: Weaponry, protecting what's yours (7/16/2006 8:50:43 AM)
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ORIGINAL: Alumbrado quote:
ORIGINAL: Sinergy From a legal standpoint, a person who states their intention to inflict grievous bodily harm on another person prior to actually doing so adds the charge of "premeditation" to any criminal charges filed against them. In other words, manslaughter gets bumped to murder, etc. I hope the District Attorney in your case doesnt subscribe to these boards. Just me, could be wrong, etc. Sinergy You are right that premeditation when proven, raises the stakes when a death occurs...you are pretty much way off base with the rest. It cannot change a reckless or negligent charge of manslaughter to a murder...(how do you prove that someone pre-planned to be unaware?)... It can elevate a murder charge to a capital murder charge. And 'Stop or I'll shoot' or 'Back off, I just took a self defense course from a expert' is not neccessarily premeditation. In fact, it can be used to show that one felt threatened...a requirement for claiming self defense. (Not that it is always a good idea to announce one's intentions, I'm just addressing the 'premeditation' comments). Actually if one makes statements about being a vigiliante on the internet, makes statements about the willingness to take a life when that life is "throwing things", talks about taking a life because it is "his freedom" on the line could be called on statements like these if they were read in front of a jury. Law enforcement and the legal system tend to frown on private citizens taking the law into their hands and becoming enforcers of the law instead of calling them. People have been put on trial for being vigilantes before. Someone making these statements goes and "looks for" a fight while they carry a concealed weapon is probably going to find one. If a prosecutor can link internet statements to an act of vigilante violence and show a pattern of behavior of looking for "bad guys" to shoot... yes it could happen. But these are all just hypotheticals. But... they search home PCs for other evidence of crimes, so why not people that have shot others several times in "self defense"?
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