Stand your ground!

[Dinner]

There is a ton of this in wacko gun nut land. Just another reason to stay in a civilized state.

Does anyone remember about 10-12 years ago when a Japanese exchange student became lost and decided to knock on someone's front door to get directions? The white trash piece of crap literally opened fire the second he opened the door. It's just craziness and that really is murder but castle doctrine lets them walk.

[Wiglaf]

The reason it's second-degree is because it could not have been premeditated.

This is completely wrong.

[Wiglaf]

To clarify: A murder can be premeditated even if the killer comes up with the idea seconds before he starts shooting. There's no need to show the killer drafted up murder plans for weeks or whatever.

[Hauldren Collider]

Then what is the difference between premeditated and murder 2?

[Ben Kenobi]

I wonder, if some of the neighborhood kids had managed to accidently land their frisbee on his lawn would he have gunned them down when they attempted to retreive it?

From what I can see- you won't be coming on his property unless you make a concerted effort to do so.

[Ben Kenobi]

Does anyone remember about 10-12 years ago when a Japanese exchange student became lost and decided to knock on someone's front door to get directions? The white trash piece of crap literally opened fire the second he opened the door. It's just craziness and that really is murder but castle doctrine lets them walk.

Wow, it's almost like the law was designed to permit people to shoot Japanese exchange students. You've convinced me dinner, the Castle doctrine is racist because only white people own property.

[Dinner]

Ben, you are especially stupid today. Did you double on the stupid pills? Maybe forgot your morning cup of joe or something?

[Wiglaf]

Then what is the difference between premeditated and murder 2?

Complicated question. The meaning of 'premeditated' varies from state to state (ie, how much "premeditation" is required). I'd assume they prosecuted this as second-degree not because it "could not have been premeditated," since it seems to have been, but because they wanted to foreclose that entire line of argument (as well as claims about how frightened he was) and guarantee an easy conviction.

[Ben Kenobi]

Ben, you are especially stupid today. Did you double on the stupid pills? Maybe forgot your morning cup of joe or something?

Post quality assessment of previous post by Dinner.

Did the post mention racism? Check.

Did the post mention guns? Check.

Was there a white perpetrator to blame? Check.

Did he blame a conservative policy? Check.

Was there a non-white victim? Check.

Does the post attack private property? Check.

Post is considered an OUTSTANDING Dinner post by the quality Dinner assessment sheet.

However you do get minus points for the technicality of actually reporting the date.

[MrFun]

Will this put an end to Mormon missionaries and Jehovah's Witnesses knocking on peoples' doors uninvited?

[DaShi]

There's talk about denying Florida it's electoral college votes over this.

[Hauldren Collider]

Complicated question. The meaning of 'premeditated' varies from state to state (ie, how much "premeditation" is required). I'd assume they prosecuted this as second-degree not because it "could not have been premeditated," since it seems to have been, but because they wanted to foreclose that entire line of argument (as well as claims about how frightened he was) and guarantee an easy conviction.

Gotcha. Sorry, obviously I am not a lawyer. Thanks for the clarification.

[Krill]

The reason it's second-degree is because it could not have been premeditated. But this guy is going to jail for a looooong time.

Exactly how much time needs to elapse for something to be "pre-meditated"?

EDIT: I should read the rest of the thread...

[Wiglaf]

Exactly how much time needs to elapse for something to be "pre-meditated"?

EDIT: I should read the rest of the thread...

Premeditation can be basically instantaneous. If I see a black guy on my driveway and suddenly shoot him in one second, the prosecution could argue (I think in virtually every state) that the murder was premeditated.

But there's all sorts of things that can lead prosecutors to go with second-degree murder. For example, if I argue I shot the black man in a heat of passion because he has been banging my wife from be hind, that might shield me from first-degree murder. I could also argue I meant to fire a warning shot or something, which is tough to disprove if there's no other evidence.

[Hauldren Collider]

In that case what would the difference be between murder of the second degree and voluntary manslaughter?