General Discussion

Hortensis

(58,785 posts)

36. The court is the trier of the LAW. Juries are triers of the FACTS.

Fri Dec 2, 2022, 01:03 PM

Dec 2022

Before going to trial, the judge has the duty to review the evidence and situation available against the law to confirm that a person can be charged with a crime and which crime(s) would apply. DAs also.

In this case, review of the LAW before the case even got to a judge, much less a jury at trial, ruled out a murder charge, of any degree.

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man robs gas station and kills clerk. DA determines killing is self defense not murder [View all] BlueWaveNeverEnd Dec 2022 OP

I don't know what the law is in California, but I would hope this guy could be charged ... Jim__ Dec 2022 #1

The unarmed driver of a vehicle sitting out side of a bank can be charged with Felony Murder mackdaddy Dec 2022 #12

The DA should let a jury decide if it was murder. Cattledog Dec 2022 #2

I think so too. Ray Bruns Dec 2022 #6

The court is the trier of the LAW. Juries are triers of the FACTS. Hortensis Dec 2022 #36

During commission of a crime bucolic_frolic Dec 2022 #3

The crime was over DetroitLegalBeagle Dec 2022 #5

The emotions weren't over bucolic_frolic Dec 2022 #7

How was the crime over if he was running away with the loot? LisaL Dec 2022 #15

He was no longer an imminent threat DetroitLegalBeagle Dec 2022 #33

I find it interesting sarisataka Dec 2022 #17

Only cops get away with shooting a fleeing suspect multigraincracker Dec 2022 #4

I doubt the clerk had any training Kaleva Dec 2022 #8

Don't rob people. Also, don't chase people down and shoot at them. fishwax Dec 2022 #9

Yes. Kaleva Dec 2022 #10

The laws pretty clear: he didn't commit murder. The clerk should have stayed at the store ... marble falls Dec 2022 #11

I agree. The clerk screwed up and lost his life Kaleva Dec 2022 #19

It's a crying shame. I hope the authorities go all out on what they can do to convict the dirtbag. marble falls Dec 2022 #39

I think Jackson lost his right to self defense the second he pulled a doc03 Dec 2022 #13

The law says a retreating attacker can't be assaulted. The concept is for two reasons ... marble falls Dec 2022 #40

Shouldn't it be felony murder? LisaL Dec 2022 #14

The crime was already over and the felon was fleeing the scene Kaleva Dec 2022 #18

Crime was not over since robber was fleeing with stolen property. LisaL Dec 2022 #27

Once the robber was fleeing sarisataka Dec 2022 #29

Fleeing with the dosh is not a capital offense. What if the shop owner had missed that guy and ... marble falls Dec 2022 #41

Two wrongs don't make a right sarisataka Dec 2022 #16

Anyone know iof a reputable gun program that teaches one to chase after Kaleva Dec 2022 #20

I have reviewed and attended several sarisataka Dec 2022 #25

+1 Kaleva Dec 2022 #26

This. jeffreyi Dec 2022 #32

Then there was Travon Martin he broke no laws was unarmed. George Zimmerman pursued doc03 Dec 2022 #21

I think this is more like the guy who chased a mugger and killed a gitl Kaleva Dec 2022 #23

My take. SYFROYH Dec 2022 #22

What may be a right isn't always the smartest thing to do Kaleva Dec 2022 #24

Agreed. SYFROYH Dec 2022 #35

The clerk tried to shoot the robber for absconding with money. That is clearly wrong. Chainfire Dec 2022 #28

+1 Kaleva Dec 2022 #30

here is how I see it littlewolf Dec 2022 #31

If one is going to have a gun for defense, get the training and practise the training Kaleva Dec 2022 #34

The thief acted in self defense of his stolen property. such BS ZonkerHarris Dec 2022 #37

Do you think what the clerk did was the correct thing to do? Kaleva Dec 2022 #38

Wait for the robber to now sue the estate of the gas station employee MichMan Dec 2022 #42