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XercesBlue July 18th, 2013 2:30am

Does the argument that a gun shot by the accused was not meant to be fatal for the victim make a difference in the conviction?

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mikeey1962 on SOH where else
07/17/13 9:30 pm

Of course it was meant to be fatal, I shot them didn't I... If I didn't want it to be fatal I wouldn't of shot them, dead people can't lie or change they're story, it was self defense, now that makes a difference

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willthehuman Suburbia
07/17/13 8:17 pm

It makes a difference, but you still get 25+ years to life.

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polster2 US
07/17/13 8:10 pm

It's manslaughter instead of murder.

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smithers13228 Sin City
07/17/13 8:01 pm

If you point a gun at someone and pull the trigger its dealt force regardless.

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rich1010 Stem Cell Harvesting
07/17/13 7:56 pm

I don't think it would make a difference on weather they were convicted or not but could make a difference on what they are charged with or convicted of.

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XercesBlue ...
07/17/13 8:03 pm

Ah, yes. I had no idea how to word what I was thinking. Thank you (:

huskermedic Cincinnati
07/17/13 7:52 pm

You can put this same question and replace gun with car.

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PeppyHare Do a barrel roll
07/17/13 7:51 pm

It's probably a good idea to not try and Dick Cheney someone...

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r3VOLution not of this world
07/17/13 7:54 pm

Hahahha it censored Dick Cheney.

JustBob Your anger fascinates me
07/17/13 7:48 pm

Like premeditated vs accident?

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tcadez Minnesnowta
07/17/13 7:48 pm

I didn't mean to back into your car, but I'm still responsible for the damage. Same thing. I didn't mean to kill you, but either way, you're dead and I am responsible. Unless I am a child or otherwise incapacitated.

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zuko on deck
07/17/13 7:43 pm

I don't know, but I DO know that it doesn't make a difference to the victim...

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Zod Above Pugetropolis
07/17/13 7:54 pm

Reading that story, I have no doubt he meant to kill the kid. If not with the first shot that did, then with the second that missed or the third that jammed. This one is no accident or manslaughter, it's straight-up premeditated murder.

blujay5678
07/17/13 7:38 pm

Honestly I think it depends in the person shooting, for example let's say a string of burglaries and a dad buys his first gun, and ends up shooting the burglar and killing him, hey he just wanted to protect his family, now let's say the same scenario

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blujay5678
07/17/13 7:41 pm

But instead of someone who never used a gun before, we have a skilled marksman who when face with the robber could easily take him down with a nonlethal shot, but decides to put one right between the burglar eyes, does it change then?

XercesBlue ...
07/17/13 7:41 pm

Very true. I would have never thought to look at that angle.

blujay5678
07/17/13 7:43 pm

Thanks I tend to over think things at times :D

XercesBlue ...
07/17/13 7:44 pm

I'm jealous, in this case at least. I'm sure it can be a pain when it comes to relationships.

blujay5678
07/17/13 7:47 pm

What relationships xD

XercesBlue ...
07/17/13 8:03 pm

Ouch! Well any social relations.

blujay5678
07/17/13 8:11 pm

Ya I'm just not good with people in general lol

blujay5678
07/17/13 8:18 pm

You learn to live with it lol

thebob Medford Oregon
07/17/13 7:38 pm

Difference in sentencing maybe.

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beanD California
07/17/13 7:37 pm

What you intended to happen is no excuse for what actually happened.

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MrMilkdud
07/17/13 7:39 pm

Actually, intent is kind of a big part of first degree murder.

beanD California
07/17/13 7:56 pm

But it doesn't change if he's guilty or not.

Zod Above Pugetropolis
07/17/13 7:36 pm

It might make a difference in the crime they're charged with, negligent homicide, manslaughter, or murder, but intent shouldn't make a difference in whether they're guilty. If it's your bullet, you're responsible for where it goes and what it does.

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kubu1218 Texas
07/17/13 7:36 pm

Could mean the difference between murder and negligent homicide.

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r3VOLution not of this world
07/17/13 7:57 pm

Tough to prove. Need more than just the defendants word.
Negligent homicide would mean an accidental gunshot.

Zack100 Tatooine
07/17/13 7:35 pm

That makes it manslaughter, doesnt it. The problem is that there is no way of proving whether or not someone intended to kill or wound the victim.

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XercesBlue ...
07/17/13 7:37 pm

Is that both when provoked and unprovoked?

Zack100 Tatooine
07/17/13 7:52 pm

Unprovoked, but if you were provoked then you should have nothing to worry about because you have a right to defend yourself, its just that now you have blood on your hands

XercesBlue ...
07/17/13 8:05 pm

Interesting, thank you. (: