Originally Posted by blackmonsters (Post 19984725)

You are using the definition of premeditation from fictional TV show scripts.

Premeditation only requires forethought; 2 seconds of thought is enough to premeditate.

They had a premeditation charge because of things he said/did before he ever got out of the car with the gun.

He had to think to get out of the car with the gun and shoot. That's forethought.

If a person is really scared then why not shoot from the car.
Why get out first?
Why expose yourself more to the weapon you fear by getting out of the car?

Answer : Because you ain't scared and you're going to kill somebody and you know it when you get out of the car.

But you are right about it being a mistake to try him on 1st degree murder.
Not based on law but based on the results of recent cases.

Originally Posted by JoshGirls Josh (Post 19984953)

i'm willing to bet the jury ended up hanging because of differing interpretations on premeditation. depending on the jury instruction i may have gone either way.

I'm happy he's gonna do serious time. I just hope the prisons don't segregate him away from the general population. He deserves some prison justice.

Originally Posted by brassmonkey (Post 19984966)

i can't wait until this shit boils over into violence :2 cents: im ready whenever it does :2 cents: problem is when will it boil over. :2 cents:

Originally Posted by brassmonkey (Post 19984966)

i can't wait until this shit boils over into violence :2 cents: im ready whenever it does :2 cents: problem is when will it boil over. :2 cents: