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"A guy with a gun pursuing and shooting a guy without a gun adds up to manslaughter," (Original Post) MoonRiver Apr 2012 OP
How would you show premeditation? rfranklin Apr 2012 #1
He's "pursuing a guy without a gun." MoonRiver Apr 2012 #3
Sounds like is not proof... rfranklin Apr 2012 #8
Circumstantial evidence has proved a lot of things. ashling Apr 2012 #11
he planned to pick up his gun magical thyme Apr 2012 #13
Premeditation is very low HockeyMom Apr 2012 #15
More likely murder two. hifiguy Apr 2012 #2
That's what I think. Ganja Ninja Apr 2012 #18
First off, it's not murder one because murder one requires premeditation. TheWraith Apr 2012 #4
However, aren't there some JD who have posed that one can premeditate in a twinkling of an eye? Ecumenist Apr 2012 #7
I'm sure somebody somewhere has made that case. TheWraith Apr 2012 #9
Sure, one can premeditate in a twinkling of an eye. Mariana Apr 2012 #10
Yes, that is my understanding. MoonRiver Apr 2012 #12
That's what I have always heard....but I'm no lawyer. I mean, he wasn't stalking him Ecumenist Apr 2012 #16
Exactly! His INTENT was to shoot Trayvon. n/t MoonRiver Apr 2012 #17
Zimmerman stalked Trayvon, pulled his gun out and shot. MoonRiver Apr 2012 #14
Maybe not premeditated, but definitely murder. Daniel537 Apr 2012 #5
Yeah, "WTF?" was my reaction when I heard that. polichick Apr 2012 #6

MoonRiver

(36,926 posts)
3. He's "pursuing a guy without a gun."
Wed Apr 11, 2012, 02:34 PM
Apr 2012

Sounds like he knew EXACTLY what he wanted to do and was planning to do it.

 

magical thyme

(14,881 posts)
13. he planned to pick up his gun
Wed Apr 11, 2012, 02:57 PM
Apr 2012

he planned to leave his car; he wasn't obligated to and in fact was supposed to stay in it to meet with the police. He planned to pursue. he planned to confront. he planned to shoot.

Premeditation is planning.

 

HockeyMom

(14,337 posts)
15. Premeditation is very low
Wed Apr 11, 2012, 02:58 PM
Apr 2012

Besides ignoring 911 operator and pursuing, taking his gun out of his car when he confronted Trayvon, would be enough for premeditation. If he didn't intend to use his gun, he wouldn't take it out of the his car. Intent is the factor in that.

Ganja Ninja

(15,953 posts)
18. That's what I think.
Wed Apr 11, 2012, 03:07 PM
Apr 2012

I think Trayvon beaned him with a can of ice tea and the asshole pulled out his gun and shot him because he was pissed. Not premeditated but murder just the same.

TheWraith

(24,331 posts)
4. First off, it's not murder one because murder one requires premeditation.
Wed Apr 11, 2012, 02:35 PM
Apr 2012

A guy planning out how to murder his business partner is murder one. Chasing somebody down who you've never met before, it's basically impossible to prove that there is pre-planned intent to kill them.

Second, the charges will likely be either manslaughter or murder two depending on what the prosecutor thinks they can nail. Murder two is certainly possible, but there's no telling whether the prosecutor will pass up the slightly higher charge in favor of the one that's basically a lock to prove. A 100% chance of conviction for manslaughter may outweigh an 80% chance of a conviction for murder two, particularly if your point is to prove that the justice system works--the last thing you want is for the guy to go loose because you charged higher than you could prove beyond a reasonable doubt.

TheWraith

(24,331 posts)
9. I'm sure somebody somewhere has made that case.
Wed Apr 11, 2012, 02:41 PM
Apr 2012

But then again people have also made the case that if the President does something, then by definition it's not illegal. That doesn't make it a realistic argument. In court, you need to be able to prove premeditation, not just assume it happened.

Mariana

(14,860 posts)
10. Sure, one can premeditate in a twinkling of an eye.
Wed Apr 11, 2012, 02:49 PM
Apr 2012

Proving it in court would be difficult. Unless the killer said "I'm going to kill you!" and then did it. Hard to argue there's no premeditation in a case like that. Otherwise, it's going to be pretty tough to prove.

Ecumenist

(6,086 posts)
16. That's what I have always heard....but I'm no lawyer. I mean, he wasn't stalking him
Wed Apr 11, 2012, 03:03 PM
Apr 2012

carrying a 9 mm to ask him over for tea and crumpets.

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