What do you guys think - Wrong or Justified?

[slickdtc]

Re: What do you guys think - Wrong or Justified?

I've never been robbed or held up or anything. I work at a store that has been robbed twice since I've been there (year and a half since I started working there), and was held up once shortly before I was hired.

If it were to happen, I don't know what I'd do.

I do think coming back to pump 5 more shots into the kid was wrong. But really, the kid gave up his rights when he decided to rob this store. At that point... you get whatever is coming to you. I know the law doesn't work that way but damn it, if these kids never went into that store, none of this would've ever happened. The pharmacist is probably a decent dude, he owned the store, now he's going to be behind bars for protecting himself and then maybe taking it a bit too far. It just sucks he was forced into the situation and then couldn't control his rage.

[TheGamingChef]

Re: What do you guys think - Wrong or Justified?

Some states have standards of premeditation that can be formed almost instantly. In those states, this guy going to get his other gun and shooting five rounds would almost certainly be considered premeditated.

However, most states also have a "crime of passion" or what is being referred to as "fit of rage" here category, which is often lower than 1st degree murder (could be 2nd degree) and must be proven by the defense that the killer's state of mind was such that he couldn't rationally discern what he was doing.

Sounds to me like both of those qualifications were met, as IMO premeditation need not be any significant amount of time. When he shot that kid 5 times with the second gun, at least the last 4 shots were premeditated. However I can absolutely get behind this being a crime of passion. I would personally likely vote to convict on 2nd degree murder had I been on a jury. But again, every state defines murder differently, and it all depends on the local laws.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Maybe in California it is difference. But if you go look for another gun, so you can kill someone I am pretty in this state this would be tride as First degree.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Trev if I did this then yes I deserve first degree. At least that is how I feel. That is the problem we take this heat in the moment crap to far. The guy executed a kid in cold blood. The kid was done and he finished him off. That is **** up and he deserves to be in jail for a long time.

[Trevytrev11]

Re: What do you guys think - Wrong or Justified?

Trev if I did this then yes I deserve first degree. At least that is how I feel. That is the problem we take this heat in the moment crap to far. The guy executed a kid in cold blood. The kid was done and he finished him off. That is **** up and he deserves to be in jail for a long time.

I'm not asking if you should get first degree. I'm asking if you would be in a clear and normal state of mind if in a similar position minutes after a traumatic experience.

If not, how can he be held to the same standard as someone who calmly plans out and executes a murder. How can he be held to rational expectations when he's not in a rational state of mind.

[TheShizNo1]

I'm not asking if you should get first degree. I'm asking if you would be in a clear and normal state of mind if in a similar position minutes after a traumatic experience.

If not, how can he be held to the same standard as someone who calmly plans out and executes a murder. How can he be held to rational expectations when he's not in a rational state of mind.

Hence my first statement in this thread, everything is not black and white and the world doesn't operate that way. If it did, their wouldn't be different degrees of murder.

[cardsfan2222]

Re: What do you guys think - Wrong or Justified?

I don't see where it said he was charged with first degree murder. The robber's accomplices got charged with first degree murder. Most states say that if anyone dies in a robbery, all of the people involved can be charged with first degree murder, even if they didn't actually kill the person.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

I don't think it did say. I think someone said this is not first degree and that is where I disagree. It happens. Still it was a good debate.

[TheShizNo1]

Re: What do you guys think - Wrong or Justified?

[Money99]

Re: What do you guys think - Wrong or Justified?

Was this pharmacist robbed before?
I don't agree with how he finished the kid. It should have ended with the first shot.

But I wonder if the guy was messed with before and just had enough. That doesn't' justify it, but it might be telling of what frame of mind he had.

[NDAlum]

Re: What do you guys think - Wrong or Justified?

I've been in tough spots and let me tell you...you get in "mid brain" and you are in a different place.

It's crazy man

[jeremym480]

Re: What do you guys think - Wrong or Justified?

I agree with Trevytrev11. I'm no lawyer but, it seems like it would be tough to prove that this was premeditated. Also, the guy could probably even plead temporary insanity and say that he blacked out or something. I still can't blame the store owner though. If the robber never would have put himself in the situation then he would still be alive. Moral of the story: Don't be a criminal if you want to live.

[Marino]

Re: What do you guys think - Wrong or Justified?

Are degrees of murder set by State or Federal law?

[cardsfan2222]

Re: What do you guys think - Wrong or Justified?

Are degrees of murder set by State or Federal law?

Murder is a state crime, except in a few cases, like if someone murders a government official.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

I believe it is State? Also here we have a lot of gang volience so I think First degree here has a wider range. Like I said before heat of the moment or nit. I believe if you go look for another gun and then go kill that person I would give him first degree. But I could see second degree after you guys pointed put your opinion.