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  #1  
Old 09-05-2007, 07:00 AM
musicman musicman is offline
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so what's your opinion

guy shoots cop, serves time for attempted murder
cop dies 41 years later, same guy charged with murder

thoughts?
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Old 09-05-2007, 07:15 AM
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Harsh.

I see where this is coming from, but if a car is stolen, rebirthed, sold, then accidently runs over someone, is that homcide by the car thief?
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Old 09-05-2007, 07:20 AM
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41 years later? Excessive. Nope.
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Old 09-05-2007, 07:23 AM
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I think someone's still bitter. Understandably so, but the shooter did serve his time.
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Old 09-05-2007, 07:49 AM
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well, it ain't scottish.
comes too close to double jeopardy, they're just creating loopholes.
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Old 09-05-2007, 07:54 AM
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I'm sure I heard somewhere that in Britain there's a law where if you die of your injuries up to one year after being attacked or whatever, then the perp can be tried for murder, but if you die of your injuries even a year and one day afterwards then it can only be attempted murder.

I'm not sure if that's right exactly - perhaps I dreamt it, but it would make sense that there's some time scale involved surely?

But if we're going down that road, how about every rapist whose victim eventually commits suicide or becomes a substance abuser and dies from that? Shouldn't they be charged with murder too?
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Old 09-05-2007, 07:57 AM
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Just to stir the pot a bit?

Would people have different views if the guy had been in a coma for 41 years? Would that make a difference?
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Old 09-05-2007, 10:40 PM
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Quote:
Originally Posted by Loulabelle
I'm sure I heard somewhere that in Britain there's a law where if you die of your injuries up to one year after being attacked or whatever, then the perp can be tried for murder, but if you die of your injuries even a year and one day afterwards then it can only be attempted murder.

I'm not sure if that's right exactly - perhaps I dreamt it, but it would make sense that there's some time scale involved surely?

But if we're going down that road, how about every rapist whose victim eventually commits suicide or becomes a substance abuser and dies from that? Shouldn't they be charged with murder too?


You're probably thinking of the "Year and a Day Rule". That law was abolished in the UK in 1996.
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Old 09-05-2007, 10:37 PM
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Quote:
Originally Posted by wyndhy
well, it ain't scottish.
comes too close to double jeopardy, they're just creating loopholes.


Where's double jeopardy? Last time I checked murder and assault were two separate crimes.
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Old 09-06-2007, 02:19 AM
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Quote:
Originally Posted by Jude30
Where's double jeopardy? Last time I checked murder and assault were two separate crimes.




He wasn't charged with Assault he was charged with attempted murder. I'll agree that attempted murder and murder are not the same crime as far as the law is concerned. The difference is if the victim dies or not. In this case the victim did not die and he was charged with attempted murder because of that. He was convited and has sevred his time now the want to charge him again with murder for the same act because the victim has died. The fact that he is being charged with a new crime for the same act is what makes it double jeopardy.
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  #11  
Old 09-06-2007, 08:39 AM
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Quote:
Originally Posted by Jude30
Where's double jeopardy? Last time I checked murder and assault were two separate crimes.

He served time for attempted murder, not assault.
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  #12  
Old 09-23-2007, 10:00 AM
CrazeeeWhorse CrazeeeWhorse is offline
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Homicidal Tendencies

Quote:
Originally Posted by musicman
guy shoots cop, serves time for attempted murder
cop dies 41 years later, same guy charged with murder

thoughts?

Murder: The killing of a human being by a sane person,with intent,malice aforethought(prior intention to kill the particular victim or anyone who gets in the way),and with no legal excuse or authority.This is "First Degree Murder".By statute inclusion the death of a Police Officer, or Prison Guard,with OR without premeditation and with Malice presumed is also First Degree Murder. Second Degree Murder,is such a killing without premeditation,as in the heat of passion or in a sudden quarrel or fight.To be Murder the victim must die within a year of the attack. Attempted Murder is commited when the defendant does an act that is more than merely preparatory to the commission of the crime of Murder and,at the time of these acts,the person has specific intention to Kill. Criminal Attempted Murder depends on an intention to Kill alone. Attempted Murder is only the planning of a Murder,NOT the actual Killing,which is the Murder. Criminal Attempts carries a Maximum penalty of LIFE Imprisonment,(the same as that for a successful Murder). So, in answer to your question,the defendant,having served his sentence,on the original charge,and as clearly the limit of time exceeded,(one year,to be considered a Murder charge) The defendant was wrongfully prosecuted,as he did not fall within the scope of Murder...Personaly,I say,"Kill em' all, let god sort it out", and "3 people can keep a secret, if 2 of them are Dead".lol,take care of each other, Crazeee,,,,
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