I'm just going to leave this here...
Posted: Tue Nov 27, 2012 11:05 pm
Your world is waiting...
https://quake3world.com/forum/
when it goes onto to say thisSmith was charged with two counts of *second-degree murder* in the deaths of...
Holy fuck btw, wrong house"I want him dead," the complaint quoted Smith telling an investigator.
Smith said he dragged Brady's body into his basement workshop, then sat back down on his chair, and after a few minutes Kifer began coming down the stairs. He said he shot her as soon as her hips appeared, and she fell down the steps.
Smith said he tried to shoot her again with his Mini 14 rifle, but that the gun jammed and Kifer laughed at him.
"Smith stated that it was not a very long laugh because she was already hurting," according to the complaint.
Smith said he then shot Kifer in the chest several times with a .22-caliber revolver, dragged her next to Brady, and with her still gasping for air, fired a shot under her chin "up into the cranium."
"Smith described it as 'a good clean finishing shot,'" according to the compliant, but also that he acknowledged he had fired "more shots than (he) needed to."
Nobody's that stupid... he probably chased her down and claimed she walked down into the basement. Probably was upstairs, surprised them, shot and threw them down the stairs, then followed for the finish.Transient wrote:What kind of idiot goes down into a basement unarmed after hearing someone get shot twice?
First degree murder is premeditated, as in a planned murder. Not the case here; he didn't lure those teens into his basement with the purpose of killing them, they broke in and he killed them. Different.losCHUNK wrote:This is the part I don't get
Smith was charged with two counts of *second-degree murder* in the deaths of...
Someone who laughs when a gun jams after that 'fact' and already been shotTransient wrote:What kind of idiot goes down into a basement unarmed after hearing someone get shot twice?
Depends on whether you planned for a week to shoot me in the head and then went through with it (premeditated) or shot me because you came home and discovered I was rooting your dog (not premeditated).losCHUNK wrote:Killing by meaning to kill, like I shoot you in the head at point blank ?
It doesn't matter whether they meant to inflict harm or not, what matters is the recklessness of their actions. If I were to start doing burnouts in a car in the middle of a park while a school carnival was going on and I ran over and killed a child, I wouldn't be charged with first or second degree murder because I had no intention, be it premeditated or not, of killing the child. But I would be guilty of manslaughter because I should have been aware that my reckless actions carried a substantial chance of killing someone due to the circumstances of the event, regardless of whether it was an accident or not.losCHUNK wrote:Accidental is when the person wasn't meaning to inflict harm in the 1st place, 1st degree from what I am aware doesn't require pre-meditation, rape victims as an example.
- I think ?
Well aye, I meant if you kill someone through actions when you wasn't expecting the outcome, like a 3rd party in a shoot out, with accidental and manslaughter having a closer resemblance to eachother like 1st to 2nd degree ?LawL wrote:It doesn't matter whether they meant to inflict harm or not, what matters is the recklessness of their actions. If I were to start doing burnouts in a car in the middle of a park while a school carnival was going on and I ran over and killed a child, I wouldn't be charged with first or second degree murder because I had no intention, be it premeditated or not, of killing the child. But I would be guilty of manslaughter because I should have been aware that my reckless actions carried a substantial chance of killing someone due to the circumstances of the event, regardless of whether it was an accident or not.losCHUNK wrote:Accidental is when the person wasn't meaning to inflict harm in the 1st place, 1st degree from what I am aware doesn't require pre-meditation, rape victims as an example.
- I think ?
Just to address this point, look at premeditated as planned. If the psycho who killed the two morons who broke into his house had gone out and met them at a party and persuaded them to come back to his house so that he could kill them and then followed through with his intention then that would be premeditated/planned and therefore first degree. In reality he killed them as an over reaction to them breaking into his house. Although it was completely excessive, it wasn't planned at all and was therefore not premeditated so is therefore deemed second degree.losCHUNK wrote:Well the pre meditation only requires enough time to of passed to have thought about the situation and acted with the intent to kill anyway.
I'm not entirely sure what you're asking. But where manslaughter is concerned it depends whether a "reasonable person" should have had the foresight to realise what they were doing could cause someone's death. If you lived alone on a 10000 acre farm and decided to go shooting wabbits and from a mile away accidentally shot and killed some vagrant who, unknown to you, was trespassing on your land then it would be very difficult to prove manslaughter. If you lived in a block of units and decided to use your bedroom wall for target practice and a bullet went through the wall and killed your neighbour while they were watching TV then it would be quite easy to prove manslaughter.losCHUNK wrote: Well aye, I meant if you kill someone through actions when you wasn't expecting the outcome, like a 3rd party in a shoot out, with accidental and manslaughter having a closer resemblance to eachother like 1st to 2nd degree ?