Modern Male Identity Crisis

[jamespowers]

Police? I'm talking about prison guards here. Though on that score, California might just be a lot further away than Northern Ireland in the Seventies and Eighties than just a few thousand physical miles would suggest.

Same thing in the statistics. Even better to be a guard as you are less likely to be killed by some faceless bum rounding a corner on any city block. Prisoners usually don't have access to guns, bombs and other lethal weapons in prison---even though many try to invent them in their cells.

 

[Edward]

Same thing in the statistics. Even better to be a guard as you are less likely to be killed by some faceless bum rounding a corner on any city block. Prisoners usually don't have access to guns, bombs and other lethal weapons in prison---even though many try to invent them in their cells.

Yeah........ the main threat in the Six Counties was never from people on the inside.

 

[jamespowers]

Yeah........ the main threat in the Six Counties was never from people on the inside.

:rofl:

 

[Kirk H.]

I had not thought of that. A murder rate could decrease simply because you can save more.

How do you determine an attempted murder rate?

That would fall under Aggravated Assaults in the FBI UCR.

 

[jamespowers]

That would fall under Aggravated Assaults in the FBI UCR.

But was it an assault or was it an attempt at murder and who knows for sure?

 

[Kirk H.]

But was it an assault or was it an attempt at murder and who knows for sure?

Not to sound like a smart &%%, but aggravated assault as defined in the UCR Program specifies that this type of assault is usually accompanied by the use of a weapon or by other means likely to produce death or great bodily harm. That is where you get charges such as ADWISI (Assault with a Deadly Weapon Inflicting Serious Injury) ADWITK (Assault with a Deadly Weapon with Intent to Kill) etc. I do agree that modern medicine has gone along way in helping to keep the murder rate down.

 

[jamespowers]

Not to sound like a smart &%%, but aggravated assault as defined in the UCR Program specifies that this type of assault is usually accompanied by the use of a weapon or by other means likely to produce death or great bodily harm. That is where you get charges such as ADWISI (Assault with a Deadly Weapon Inflicting Serious Injury) ADWITK (Assault with a Deadly Weapon with Intent to Kill) etc. I do agree that modern medicine has gone along way in helping to keep the murder rate down.

What if they shoot them by accident? Intent is hard to determine after the fact.

 

[Atticus Finch]

In North Carolina there are two kinds of murder...1st and 2nd degree. First degree murder is a specific intent crime. To be guilty of 1st, the defendant has to specifically intend to kill the victim and do so with malice and premeditation. 2nd degree requires no premeditation. One can be guilty of attempted 1st degree murder by trying to kill someone and failing to do so. But one cannot attempt to commit 2nd degree murder. In our law all attempts are specific intent crimes. Thus, if one attempts to kill someone, then by definition the premeditation element is fulfilled...and the crime becomes attempted 1st degree. Attempted 2nd degree murder does not exist in North Carolina law.

As to the question of how one knows if an assault is only an assault as opposed to attempted murder…well, it is a judgment call. The last attempted murder case I charged involved a man who hid in a lady’s closet with a hammer until she came home from work. Then he jumped from the closet and repeatedly hit her in the head with the hammer until she stopped screaming and moving. His intent seemed pretty clear to me…and to the jury.

To paraphrase one of our pattern jury instructions, intent to commit murder…or intent to do anything else…is seldom provable by direct evidence. Instead intent must normally be proved by the facts and circumstances surrounding the event or crime.

AF

 

[ButteMT61]

Here, there's only one. Yer dead. lol

 

[Atticus Finch]

Here, there's only one. Yer dead. lol

Naw...I'll bet there's several "Yer deads" where you live. There's probably a "Yer dead cause yer killer planned yer death to get yer money or yer wife or yer car." And there's probably a "Yer dead cause yer killer got mad at you and killed you without thinking about it." And there's probably a "Yer dead cause yer a drug dealer and you and another drug dealer were shootin' at each other...and you missed."

AF

 

[Undertow]

Naw...I'll bet there's several "Yer deads" where you live. There's probably a "Yer dead cause yer killer planned yer death to get yer money or yer wife or yer car." And there's probably a "Yer dead cause yer killer got mad at you and killed you without thinking about it." And there's probably a "Yer dead cause yer a drug dealer and you and another drug dealer were shootin' at each other...and you missed."

AF

:eusa_clap lol

 

[Atticus Finch]

I forgot to mention that we also have a misdemeanor murder charge here that we typically use in drug dealer murder cases. The formal name of the charge is "Shooting Into Occupied Clothing" and it is punished by a 30 day maximum sentence, or 120 hours of community service.

AF

 

[jamespowers]

In North Carolina there are two kinds of murder...1st and 2nd degree. First degree murder is a specific intent crime. To be guilty of 1st, the defendant has to specifically intend to kill the victim and do so with malice and premeditation. 2nd degree requires no premeditation. One can be guilty of attempted 1st degree murder by trying to kill someone and failing to do so. But one cannot attempt to commit 2nd degree murder. In our law all attempts are specific intent crimes. Thus, if one attempts to kill someone, then by definition the premeditation element is fulfilled...and the crime becomes attempted 1st degree. Attempted 2nd degree murder does not exist in North Carolina law.

As to the question of how one knows if an assault is only an assault as opposed to attempted murder…well, it is a judgment call. The last attempted murder case I charged involved a man who hid in a lady’s closet with a hammer until she came home from work. Then he jumped from the closet and repeatedly hit her in the head with the hammer until she stopped screaming and moving. His intent seemed pretty clear to me…and to the jury.

To paraphrase one of our pattern jury instructions, intent to commit murder…or intent to do anything else…is seldom provable by direct evidence. Instead intent must normally be proved by the facts and circumstances surrounding the event or crime.

AF

Wow! You must be a lawyer. It took you three paragraphs to say what I did in one sentence and repeat it in the last sentence. lol lol

 

[jamespowers]

I forgot to mention that we also have a misdemeanor murder charge here that we typically use in drug dealer murder cases. The formal name of the charge is "Shooting Into Occupied Clothing" and it is punished by a 30 day maximum sentence, or 120 hours of community service.

AF

What if the clothing is occupied by a kangaroo?

 

[Atticus Finch]

What if the clothing is occupied by a kangaroo?

'Rooacide is a class E felony in N.C.

AF

 

[Atticus Finch]

Wow! You must be a lawyer. It took you three paragraphs to say what I did in one sentence and repeat it in the last sentence. lol lol

Yes...we are typically paid by the word.

AF

 

[jamespowers]

Yes...we are typically paid by the word.

AF

:rofl:

So if you were a judge then it would have taken three pages and a Supreme Court Justice a long dissertation.

 

[V.C. Brunswick]

Gotta love legalspeak. Ask a lawyer what's 2+2 and he'll give you a long discourse on what it's NOT before he'll tell you what it is.

 

[Marc Chevalier]

Naw...I'll bet there's several "Yer deads" where you live. There's probably a "Yer dead cause yer killer planned yer death to get yer money or yer wife or yer car." And there's probably a "Yer dead cause yer killer got mad at you and killed you without thinking about it." And there's probably a "Yer dead cause yer a drug dealer and you and another drug dealer were shootin' at each other...and you missed."

AF

If Atticus were a poet instead of an attorney ...


Here dead lie we because we did not choose
To live and shame the land from which we sprung.
Life, to be sure, is nothing much to lose;
But young men think it is, and we were young.

 

[jamespowers]

'Rooacide is a class E felony in N.C.

AF

Oh a kangaroo court eh?