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An occupational hazard for a thief or justification for a murder charge? -
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An occupational hazard for a thief or justification for a murder charge?
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.
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A Minnesota man who killed two teenagers who broke into his home can be heard on an audio recording talking to himself for hours after the shooting and at one point, apparently describing the slain teens as "vermin."
I don't care what the charge is. Just fry the bastard.
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.
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.
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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...?
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
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