Is It Murder?

[eastender]

Interesting case:

http://cnews.canoe.ca/CNEWS/Crime/2007/09/04/4469469.html

Keep in mind different jurisdictions.

 

[GuitarPlaya]

The thief story is terrible. This is just another way to prove how the American judicial system is just a show (I'm not saying Canada's system is better, I'm pretty sure it's not). The media wants to give people what they want, and generally it always revolves around "Fighting for the pure" or "Justice being done" although in the thief's case, justice already WAS done 25 years ago. What if a Viet-Nam war veteran was to die today because of a nearly fort year old bullet wound ? Would we go looking through Viet-Nam's country-side to get that guy who shot the bullet ?
Fact is, the thief tried to kill the cop, but didn't. This is why he served for attempted murder. Blaming him now for the death of the cop, 40 years later, is exactly like forty-something men and women blaming their parents for their failures in life.

 

[naughtylady]

Back to the original subject

It seems crazy to me to charge this guy with murder for the same shooting where he was convicted with attempted homocide. He paid his time, Either you murdered someone or you attempted to but not BOTH!

If they do convict him for murder then the attempted murder needs to be treated as a wrongful conviction (or whatever the appropriate legal term) and the full time of his time spent in jail and then on probation needs to be credited against any punishment he gets now... Seems like a big waste of tax payers money to me.

The guy died at age 64, not very old but not young either. He lived a full life after the shooting (40 years). What would be accomplished by charging this guy for murder now?



Ronnie,
Naughtylady

 

[eastender]

Reasoning...............

It seems crazy to me to charge this guy with murder for the same shooting where he was convicted with attempted homocide. He paid his time, Either you murdered someone or you attempted to but not BOTH!

If they do convict him for murder then the attempted murder needs to be treated as a wrongful conviction (or whatever the appropriate legal term) and the full time of his time spent in jail and then on probation needs to be credited against any punishment he gets now... Seems like a big waste of tax payers money to me.

The guy died at age 64, not very old but not young either. He lived a full life after the shooting (40 years). What would be accomplished by charging this guy for murder now?

Ronnie,
Naughtylady

Ronnie,

Few points. There is no statute of limitations on murder. Likewise there is not test or cut-off point as to exactly when the victim of an attempted murder is deemed to have survived the murder attempt and the link between the act of attempred murder is severed.

From the standpoint of medical technology where people can be kept alive
but not functional for longer periods of time this may prove to be a landmark case. This may also have implications for the insurance industry - the benefits that the survivors are entitled to and other legal consequences where the loose ends have to be connected.

 

[eastender]

Thank You.

Hello all,

This thread has been cleaned as certain off topic posts have been removed. They can be found using a search for "BBFS".

M5

Thank you Mod5.

 

[Mike Mercury]

That's the same theme as in that recent Anthony Hopkins film Fracture.

 

[naughtylady]

Ronnie,

Few points. There is no statute of limitations on murder. Likewise there is not test or cut-off point as to exactly when the victim of an attempted murder is deemed to have survived the murder attempt and the link between the act of attempred murder is severed.

From the standpoint of medical technology where people can be kept alive
but not functional for longer periods of time this may prove to be a landmark case. This may also have implications for the insurance industry - the benefits that the survivors are entitled to and other legal consequences where the loose ends have to be connected.

It still seems crazy to me. I still believe that this case should not be prosecuted, but that is MY opinion.

With this precedence, every victim of attempetd murder who has life time health complications will be able to have their family claim for benefits after they eventually die by saying it was from complications from the original attempt.

What about a victim of attempted murder, who suffers from post-tramatic stress, perhaps with brain injuries, who has an accident as a result of the post-tramatic stress and brain injuries and dies. Should the guy be re-tried for murder in this case?

Where do we want to draw the line?

At least that is the way I see it.

Ronnie,
Naughtylady