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3 blacks break in, beat kid, 2 shot dead, 3rd black charged w/murder. Race card

Started by CrAz3D, November 20, 2007, 02:37:30 PM

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CrAz3D

3 black guys broke into a house and "brutally beat" a guy's step son (this 19y/o kid was beat with a bat to the point that he has brain damage and can no longer feed himself).  The home owner shot 2 of the black guys dead, the 3rd managed to get away and is now charged with murder.  Under CA law if you commit a crime and it is foreseeable that the homeowner respond with fatal force it is your problem and you get tagged with murder.  Here in NM if a homicide occurs during a felony you get pegged with murder no matter what.

So the black guy is charged with murder, sounds OK, right?  Not according to the NAACP.  They're claiming racism.

http://news.yahoo.com/s/ap/20071116/ap_on_re_us/break_in_murder;_ylt=AmiEfCAydx9PzXhiqpI6Rz1H2ocA


The black guy SHOULD get the murder, robbery, burglary, and assault with a deadly weapon.  Hell, tack on any charges you can come up with (trespassing, failure to use a turn signal, whatever).  Lock him away, preferably execute him ... whatever.
The NAACP is becoming racist in their own right :(

Blaze

That law shouldn't be invoked here, I think.  In the article they use another example of when a police officer attempted to arrest someone and accidentally hit another person with the car and killed them; I believe THAT is when this law should be used.  It's not the black guys fault his friends died directly.  I agree with the charges of: burglary, and assault with a deadly weapon.
And like a fool I believed myself, and thought I was somebody else...

CrAz3D

Since I don't know the specific wording of the law, I can only rely on what a neutral lawyer said "they have to show that it was reasonably foreseeable that the criminal enterprise could trigger a fatal response from the homeowner"
...homeowner = the black guy should hang

iago

Quote from: CrAz3D on November 20, 2007, 02:37:30 PM
Under CA law if you commit a crime and it is foreseeable that the homeowner respond with fatal force it is your problem and you get tagged with murder.
That doesn't even make sense. By what you posted, if I break into the house belonging to a survival nut with a collection of guns, that's sufficient to be charged for murder? I think you're missing something there..

CrAz3D

That's the law, I didn't come up with it.

In NM if you commit a felony that results in a death you get charged with murder, felony murder rule.

Blaze

Quote from: CrAz3D on November 20, 2007, 08:10:16 PM
That's the law, I didn't come up with it.

In NM if you commit a felony that results in a death you get charged with murder, felony murder rule.

The point is it might be law, but it's almost never used unless there's public demand for it.  I'm sure the families of the dead don't want this man to be charged with their murder.
And like a fool I believed myself, and thought I was somebody else...

CrAz3D

I bet the family that were the victims would like him charged with murder

iago

Quote from: CrAz3D on November 20, 2007, 08:10:16 PM
That's the law, I didn't come up with it.

In NM if you commit a felony that results in a death you get charged with murder, felony murder rule.
You didn't say anything about it resulting in a death.

Quote from: CrAz3D on November 20, 2007, 09:24:23 PM
I bet the family that were the victims would like him charged with murder
That would be a completely irrelevant charge, since he didn't commit murder. If the families of the people they were robbing actually want that, then they're totally being unreasonable. He should be punished for what he did, yes, but not for what he didn't do.

CrAz3D

Quote from: iago on November 20, 2007, 09:53:15 PM
Quote from: CrAz3D on November 20, 2007, 08:10:16 PM
That's the law, I didn't come up with it.

In NM if you commit a felony that results in a death you get charged with murder, felony murder rule.
You didn't say anything about it resulting in a death.
I said "fatal force was foreseeable," that implies death is foreseeable


Quote
Quote from: CrAz3D on November 20, 2007, 09:24:23 PM
I bet the family that were the victims would like him charged with murder
That would be a completely irrelevant charge, since he didn't commit murder. If the families of the people they were robbing actually want that, then they're totally being unreasonable. He should be punished for what he did, yes, but not for what he didn't do.
http://dictionary.law.com/default2.asp?selected=741&bold=||||
What is reasonable is that a death is probable (not possible, PROBABLE) ... that's why we have the felony murder rule

iago

Quote from: CrAz3D on November 20, 2007, 10:02:18 PM
I said "fatal force was foreseeable," that implies death is foreseeable
Are you saying that somebody could be charged for murder when nobody dies? There's a difference between something being foreseeable and that thing actually happening.

CrAz3D

Quote from: iago on November 20, 2007, 10:18:11 PM
Quote from: CrAz3D on November 20, 2007, 10:02:18 PM
I said "fatal force was foreseeable," that implies death is foreseeable
Are you saying that somebody could be charged for murder when nobody dies? There's a difference between something being foreseeable and that thing actually happening.
The law just provides that if someone dies and it is foreseeable you're (a dude committing the crime) is up for the charge of murder.

You're getting off topic.

zorm

Man did you hear about the guy in Texas? He dialed 911 because people were burglarizing his neighbors house and told the 911 operator he was going to kill them. He apparently left the phone on and went outside and fire a warning shot and told them to freeze. Three shotgun blasts later and there were two dead buglars!

Talk about awesome!
"Frustra fit per plura quod potest fieri per pauciora"
- William of Ockham


CrAz3D

Quote from: zorm on November 21, 2007, 01:51:30 AM
Man did you hear about the guy in Texas? He dialed 911 because people were burglarizing his neighbors house and told the 911 operator he was going to kill them. He apparently left the phone on and went outside and fire a warning shot and told them to freeze. Three shotgun blasts later and there were two dead buglars!

Talk about awesome!
That's the way to do it!  Just call 911 to tell them to send an ambulance/coroner cause you're about to kill some guys breaking into your house!  Rock oN!

Blaze

Quote from: CrAz3D on November 21, 2007, 10:42:22 AM
Quote from: zorm on November 21, 2007, 01:51:30 AM
Man did you hear about the guy in Texas? He dialed 911 because people were burglarizing his neighbors house and told the 911 operator he was going to kill them. He apparently left the phone on and went outside and fire a warning shot and told them to freeze. Three shotgun blasts later and there were two dead buglars!

Talk about awesome!
That's the way to do it! Just call 911 to tell them to send an ambulance/coroner cause you're about to kill some guys breaking into your house! Rock oN!

You people have no value for life, do you?
And like a fool I believed myself, and thought I was somebody else...