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#31
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
"Savageduck" > wrote in message news:2014112220190161431-savageduck1@REMOVESPAMmecom... > On 2014-11-23 03:45:08 +0000, "290jkl" > said: >> "Savageduck" > wrote in message news: > > << Clean up Snip >> > >> Actually you don't have a clue. >> >> You just proved that I do. >> >> The law you cited says very explicitly indeed that the death >> I mentioned in my first comment is second degree murder. > For some reason you snipped my final question in my last post, Because it is completely irrelevant to what was being discussed when you proved with that quote of the law that what I said originally about a particular death being not first degree murder. |
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#32
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
"Jolly Roger" wrote: > >>>>> He was very lucky. Had anyone died because of his actions that would be > >>>>> first degree murder, which is still a capital offense in Florida. > >>> > >>>> Let me guess... You stayed at a Holiday Inn Express last night? > >>> > >>> What are you talking about? > > > >> Your "legal training" > I guess I'm being dense; but I don't see the connection to Holiday Inn > Express... http://en.wikipedia.org/wiki/Holiday_Inn_Express -- Marketing - Starting in 1998, Holiday Inn Express started an ad campaign called "Stay Smart" - ads that featured ordinary people achieving superior feats, such as averting a - nuclear disaster or performing like rock stars. When questioned on whether or - not they are professionals, they reply "No, but I did stay at a Holiday Inn Express," - attributing their skills to their stay there. These ads have received positive reviews, - and have been so successful they have crossed over into popular culture, being - features in late night comedian jokes and political cartoons. |
#33
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
In article >,
"290jkl" > wrote: > > > > Many times yes, murder in the first degree, > > It can not be first degree murder unless there is intent and > is wilful and premeditated with malice aforethought. Depends a little on the state but generally it can be under very specific circumstances. The death penalty may not be imposed if the defendant is merely a minor participant and did not actually kill or intend to kill. However, the death penalty may be imposed if the defendant is a major participant in the underlying felony and "exhibits extreme indifference to human life". It would stand to reason that if a person intends to commit a felony and in within that felonious situation opens fire and hits someone, they would have exhibited an extreme indifference to human life even if the intent was just to get people to duck and buy some time to get out. -- “Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital.” — Aaron Levenstein |
#34
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Guy gets caught while trying to stop drivers from talking oncellphones while driving
On 11/23/2014 8:40 AM, Kurt Ullman wrote:
> In article >, > "290jkl" > wrote: > > >>> >>> Many times yes, murder in the first degree, >> >> It can not be first degree murder unless there is intent and >> is wilful and premeditated with malice aforethought. > > Depends a little on the state but generally it can be under very > specific circumstances. The death penalty may not be imposed if the > defendant is merely a minor participant and did not actually kill or > intend to kill. However, the death penalty may be imposed if the > defendant is a major participant in the underlying felony and "exhibits > extreme indifference to human life". It would stand to reason that if a > person intends to commit a felony and in within that felonious situation > opens fire and hits someone, they would have exhibited an extreme > indifference to human life even if the intent was just to get people to > duck and buy some time to get out. > So, for example, if the jammer was being used by a crime participant IN ORDER TO order to deter reporting or response... |
#35
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
In article >, News > wrote:
> On 11/23/2014 8:40 AM, Kurt Ullman wrote: > > In article >, > > "290jkl" > wrote: > > > > > >>> > >>> Many times yes, murder in the first degree, > >> > >> It can not be first degree murder unless there is intent and > >> is wilful and premeditated with malice aforethought. > > > > Depends a little on the state but generally it can be under very > > specific circumstances. The death penalty may not be imposed if the > > defendant is merely a minor participant and did not actually kill or > > intend to kill. However, the death penalty may be imposed if the > > defendant is a major participant in the underlying felony and "exhibits > > extreme indifference to human life". It would stand to reason that if a > > person intends to commit a felony and in within that felonious situation > > opens fire and hits someone, they would have exhibited an extreme > > indifference to human life even if the intent was just to get people to > > duck and buy some time to get out. > > > > > So, for example, if the jammer was being used by a crime participant IN > ORDER TO order to deter reporting or response... Depends, obviously on the facts in the particular case, but if they were using jamming equipment for that purpose and there was a death because cell or maybe the ambulance radio wouldn't work, I could see how a prosecutor might argue that jamming cell phone frequencies might exhibit extreme indifference to human life. -- Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. Aaron Levenstein |
#36
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
"Kurt Ullman" > wrote in message ... > In article >, > "290jkl" > wrote: > > >> > >> > Many times yes, murder in the first degree, >> >> It can not be first degree murder unless there is intent and >> is wilful and premeditated with malice aforethought. > > Depends a little on the state Yes, there have been a few like California that have utterly mangled the original distinction between first and second degree murder. but generally it can be under very > specific circumstances. The death penalty may not be imposed if the > defendant is merely a minor participant and did not actually kill or > intend to kill. However, the death penalty may be imposed if the > defendant is a major participant in the underlying felony and "exhibits > extreme indifference to human life". The penalty is an entirely separate issue to whether the murder is first or second degree murder. There is no automatic death penalty with all first degree murder and very few states even have a death penalty anymore. It would stand to reason that if a > person intends to commit a felony and in within that felonious situation > opens fire and hits someone, they would have exhibited an extreme > indifference to human life even if the intent was just to get people to > duck and buy some time to get out. Sure, but that is an entirely separate matter to the difference between first degree and second degree murder and manslaughter etc. http://en.wikipedia.org/wiki/Murder_..._United_States |
#37
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
In article >,
"290jkl" > wrote: > > > The penalty is an entirely separate issue to whether the murder is > first or second degree murder. There is no automatic death penalty > with all first degree murder and very few states even have a death > penalty anymore. > Well since the part I was replying was under what circumstances felony murder could be used to make it a capital offense, I have no idea why the degree is an issue. > It would stand to reason that if a > > person intends to commit a felony and in within that felonious situation > > opens fire and hits someone, they would have exhibited an extreme > > indifference to human life even if the intent was just to get people to > > duck and buy some time to get out. > > Sure, but that is an entirely separate matter to the difference between > first degree and second degree murder and manslaughter etc. > http://en.wikipedia.org/wiki/Murder_...of_murder_in_t > he_United_States You are obviously involved in a different part of the discussion than I am. -- Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. Aaron Levenstein |
#38
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Guy gets caught while trying to stop drivers from talking oncellphones while driving
290jkl wrote, on Mon, 24 Nov 2014 05:05:57 +1100:
> Yes, there have been a few like California that have utterly mangled > the original distinction between first and second degree murder. And manslaughter. |
#39
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
"Kurt Ullman" > wrote in message ... > In article >, > "290jkl" > wrote: > >> >> >> The penalty is an entirely separate issue to whether the murder is >> first or second degree murder. There is no automatic death penalty >> with all first degree murder and very few states even have a death >> penalty anymore. >> > Well since the part I was replying was under what circumstances > felony murder could be used to make it a capital offense, I have no idea > why the degree is an issue. Degree was always what was being discussed which was obvious with the quoting you snipped. >> It would stand to reason that if a >> > person intends to commit a felony and in within that felonious >> > situation >> > opens fire and hits someone, they would have exhibited an extreme >> > indifference to human life even if the intent was just to get people to >> > duck and buy some time to get out. >> >> Sure, but that is an entirely separate matter to the difference between >> first degree and second degree murder and manslaughter etc. >> http://en.wikipedia.org/wiki/Murder_...of_murder_in_t >> he_United_States > > You are obviously involved in a different part of the discussion than I > am. You snipped what was actually being discussed. |
#40
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
"Joe seph P. W. Kenington" > wrote in message ... > 290jkl wrote, on Mon, 24 Nov 2014 05:05:57 +1100: > >> Yes, there have been a few like California that have utterly mangled >> the original distinction between first and second degree murder. > > And manslaughter. True. |
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