An occupational hazard for a thief or justification for a murder charge?

[notyoueither]

The several quiet minutes were spent in the middle of a high stress situation, not calming down in safety. As far as we know, he believed that his home was being invaded. If he'd shot her, confirmed that she was not a threat, then waited several minutes, then came back and gunned her down it would be different.

Premeditation isn't defined by the statute in my state or by the federal government, but both lump it in with "lying in wait" and "poisoning." Using those as guides, it's unfair to apply first-degree murder to this situation. Smith didn't ambush these two in a back alley, nor was he putting arsenic in their food. He was responding to a high stress situation, and his actions have to be understood in that context. Unless the state can prove that he was calm and thinking rationally when he chose to finish off Kifer, it's second degree murder.

The finishing off of an already shot and down person is premeditation. no matter how you sugar coat it.

Fry the ****er.

[Sava]

Wow Felch. BU really doesn't like you. That's awesome.

[Felch]

The finishing off of an already shot and down person is premeditation. no matter how you sugar coat it.

Fry the ****er.

Premeditation?

[Sava]

I didn't realize this:

Smith waited a full day after he shot them before asking a neighbour to call the authorities.

http://www.brisbanetimes.com.au/world/youre-dying--b-court-hears-chilling-audio-recording-of-us-homeowner-shooting-two-teens-20140425-zqz3o.html

I don't care what the charge is. Just fry the bastard.

[Felch]

Covering up a crime after the fact is not evidence of premeditation. Nor does it fulfill any other basis for a first degree murder conviction in Minnesota. Also the penalty is life in prison, Minnesota hasn't had the death penalty for over a hundred years.

[notyoueither]

Premeditation?

Indeed, you do.

http://legal-dictionary.thefreedictionary.com/premeditation

deliberate intent, deliberate intention

Putting a bullet into someone who has been shot and is laid out after some time has passed is about as deliberate in taking a life as you'll find. There's no threat, the heat of the moment is gone. Premeditation in law does not require having attended planning sessions and being equipped with a map. There is no way to see delivering a coup de grace other than intentional or the result of a defective mind.

You could argue mental defect due to some state triggered by the confrontation. He wasn't in his right mind, etc. That's an affirmative defence he's free to argue. Failing that, yes, it was intentional and thus premeditated based on what I've read.

[Sava]

Covering up a crime after the fact is not evidence of premeditation.

I didn't say it was. Covering up a crime is proof of guilt.

Nor does it fulfill any other basis for a first degree murder conviction in Minnesota.

Wonderful. I don't care about the charge. I feel like I just said this. Oh yeah. Because I did.

Also the penalty is life in prison, Minnesota hasn't had the death penalty for over a hundred years.

That's a shame. Well, it's probably a good thing. But it's a shame in this instance.

[AAAAAAAAH!]

Wow Felch. BU really doesn't like you. That's awesome.

Dumb hillbilly probably hates everyone who uses words exceeding five letters in length.

[AAAAAAAAH!]

Exactly. If the guy did not think he committed murder, why cover anything up? Leave everything as is, call the cops, and then let them give you the hero award.

Personally, I think dead bodies are gross. But maybe you think they're sexy...?

[Sava]

Personally, I think dead bodies are gross. But maybe you think they're sexy...?

In the Law and Order episode about this case, I would love to see the perp say this.

[AAAAAAAAH!]

BA-BUM duh duh duh duh duh
BA-BUM duh duh duh duh duh duh

[Sava]

Also, I want abortion to be banned just so we can have another spinoff: Law and Order:OBGYN

... where the abortion police goes around giving mandatory trans vaginal ultrasounds to make sure women aren't developing pregnancy which they then terminate


... and miscarriages are investigated as homicides

... and masturbators are thrown in jail

[AAAAAAAAH!]

You're ready for the 2016 Republican primary

[Sava]

[MrFun]

Personally, I think dead bodies are gross. But maybe you think they're sexy...?

Cops and forensics want a possible crime scene to be kept as it is so they can investigate. Is this too hard for you to grasp?