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View Diary: Yet another kid dead by gunshot. Must've been the paintball games. (28 comments)

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  •  How long does something have to be meditated upon, (7+ / 0-)

    in your opinion, to be pre-meditated ?

                         Curious,
                          Heather

    Torture is ALWAYS wrong, no matter who is inflicting it on whom.

    by Chacounne on Wed Dec 19, 2012 at 09:48:36 PM PST

    [ Parent ]

    •  Under the case law in many states (7+ / 0-)

      A couple of seconds will do, if memory serves from law school  i beleive that any evidence that the perpetrator thought and decided to act wil do it.   The key is the conscious decision to do it.  Depending on the case law it may be that the split second nature would make it second degree but that is a question of state law.   ) Also second degree murders are often the reckless endangerment kind of homicide.  

      Actually a quick googl search gets us chapter 22-16 of the South Dakota code

          22-16-7.   Homicide as murder in the second degree. Homicide is murder in the second degree if perpetrated by any act imminently dangerous to others and evincing a depraved mind, without regard for human life, although without any premeditated design to effect the death of any particular person, including an unborn child.
      So, that's like the guy who shoots at random not meaning to kill anyone.  Here there is a clear intention to shoot that other kid from which the intent to kill is inferred.  

      Seems pretty clear cut, given the statute

      Any crim lawyers from Aouth Dakota out there?

      Hay hombres que luchan un dia, y son buenos Hay otros que luchan un año, y son mejores Hay quienes luchan muchos años, y son muy buenos. Pero hay los que luchan toda la vida. Esos son los imprescendibles.

      by Mindful Nature on Wed Dec 19, 2012 at 10:49:31 PM PST

      [ Parent ]

      •  Not a criminal lawyer or from SD, but I'd be (5+ / 0-)

        surprised if there is any jurisdiction in which reloading didn't negate any claim of "no premeditation," with the possible exception of men finding their wives in bed with someone else (that seems to be good for a lot of leeway in the premed department).  

        The term, premeditated design to effect the death, means an intention, purpose, or determination to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed. A premeditated design to effect death sufficient to constitute murder may be formed instantly before committing the act.

        Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.

        Unless this kid didn't know what shotguns do, the charge is appropriate.

        Trying him as an adult is a different analysis entirely and, for me, a much more difficult one.

        •  This: (4+ / 0-)
          Trying him as an adult is a different analysis entirely and, for me, a much more difficult one.
          Trying minors as adults, along with plea-bargaining are among the most abused features of criminal justice.

          The reason we identify minors is that society accepts that those young people are, as yet, not able to make appropriate adult decisions.

          That does not mean they don't know the difference between right and wrong, but they are not adults and should be treated as such.

          Vengeance is not an attractive feature of a society.

          I hope that the quality of debate will improve,
          but I fear we will remain Democrats.

          by twigg on Wed Dec 19, 2012 at 11:42:36 PM PST

          [ Parent ]

        •  If the weapon discharged the first time, (0+ / 0-)

          I might agree.  However, this seemed more like loading than reloading.

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