General Discussion

Yo_Mama

(8,303 posts)

49. No, no, nothing being hung on the murder charge indicates justification

Sat Feb 15, 2014, 08:36 PM

Feb 2014

It's not just a choice between murder and acquittal, or murder and manslaughter. It's between four charges - murder 1, murder 2, manslaughter and acquittal.

The question they asked about self-defense goes to the premeditation element of murder 1. If some of the jurors thought the shots at Davis were inspired by a motive of self-defense, then they couldn't convict on Murder 1 because the required premeditation element was not met.

They didn't buy the self-defense argument as justification, but it still is involved in the murder 1/murder 2 issue.

To argue self-defense, a reasonable man would have acted similarly. They did not go for that, it seems from the verdicts. But even if self-defense were not justified, if some of the jurors believed he fired from a non-reasonable fear at Davis, it still precludes Murder 1.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

91 replies

= new reply since forum marked as read

Highlight:

VERDICT , MISTRIAL ON ONE COUNT, GUILTY ON 2ND DEGREE COUNTS 2-5 GUILTY [View all] itsrobert Feb 2014 OP

Mistrial On Manslaughter Charges SoCalMusicLover Feb 2014 #1

Mistrial on Murder 1 charges. eom DonViejo Feb 2014 #79

Racist scumbag is heading for prison malaise Feb 2014 #2

Sounds like the jury did the job they were summoned to do. flvegan Feb 2014 #3

With the exception of at least one idiot who hung the jury on the murder charge Bjorn Against Feb 2014 #9

Interesting take. flvegan Feb 2014 #11

once the vehicle is fleeing, hard to sell a self-defense claim nt geek tragedy Feb 2014 #15

Dunn did not even make a self defense claim against the other three in the vehicle Bjorn Against Feb 2014 #17

I wasn't there. flvegan Feb 2014 #28

They did not come to a conclusion in the murder case Bjorn Against Feb 2014 #32

It may well be the case. flvegan Feb 2014 #36

So you don't know the facts but somehow you know the jury did what they were summoned to do Bjorn Against Feb 2014 #38

I do know that they did just that. flvegan Feb 2014 #41

We do not have an outcome on the murder charge Bjorn Against Feb 2014 #42

So, you think maybe Dunn was justified in shooting an unarmed kid? geek tragedy Feb 2014 #60

Racist pigfucker? flvegan Feb 2014 #63

Do you agree or disagree with the juror who bought the self-defense claim? geek tragedy Feb 2014 #64

Who said any juror bought the self-defense claim? DonViejo Feb 2014 #81

Same exact thing I've been saying, sked14 Feb 2014 #82

Yeah, there was a jury in the OJ trial, too. WinkyDink Feb 2014 #39

The jury refused to convict him for killing Jordan Davis. geek tragedy Feb 2014 #56

I don't think so Diamonique Feb 2014 #20

You are probably quite wrong about someone buying the self-defense thing Yo_Mama Feb 2014 #46

Since he is guilty of attempted murder and malaise Feb 2014 #70

It seems that the shooting event was divided into subparts... HereSince1628 Feb 2014 #73

I guess you could look at it that way, but... Diamonique Feb 2014 #75

Yes, I agree this is the way the resolution of charges works. HereSince1628 Feb 2014 #80

Yes the jury was given those options Diamonique Feb 2014 #74

Or, there were one or two who were convinced that it should be 1st murder sked14 Feb 2014 #76

I don't see how this makes sense malaise Feb 2014 #77

Actually they weren't the same, and here's why Diamonique Feb 2014 #83

I hear you malaise Feb 2014 #89

I hope he stays there for a long time. cinnabonbon Feb 2014 #4

75 years - 20 year for each attempted murder, avebury Feb 2014 #7

what I can find, says it's consecutive and not concurrent NightWatcher Feb 2014 #24

I heard they have to run consecutively. nt arely staircase Feb 2014 #55

He'll probably be in prison until he dies, even if they run concurrently Warpy Feb 2014 #25

If 46 years old is considered an "old geezer," Keefer Feb 2014 #30

I agree. I'm 67 and am an "old geezer." You've got a long way to go before you achieve ... spin Feb 2014 #34

My bad, I'd heard him described as a retired officer Warpy Feb 2014 #35

I think you are thinking of another case whopis01 Feb 2014 #51

Probably, it's not like it's all that unusual Warpy Feb 2014 #53

There were, I believe, 5 counts demwing Feb 2014 #19

How can one be quilty on attempted murder when the victim is dead? Seems like that would then be jwirr Feb 2014 #69

That's my question as well malaise Feb 2014 #71

And that's what probably triggered the mistrial, sked14 Feb 2014 #78

consecutive sentences, max sentence, are in order nt geek tragedy Feb 2014 #5

Good work JJChambers Feb 2014 #6

Some would not be satisfied unless the jurors personally lynched him Yo_Mama Feb 2014 #13

Agreed JJChambers Feb 2014 #18

In other words, Life in Prison /nt demwing Feb 2014 #23

They can retry him on the one count Yo_Mama Feb 2014 #26

We'd have been satisfied if they convicted him for killing Davis. nt geek tragedy Feb 2014 #57

Given the convictions on the other charges Yo_Mama Feb 2014 #67

Why would I apologize to them…is this one verdict making up for something!!! Tikki Feb 2014 #22

Jacksonville radio station WOKV 690 is covering this trial live... alp227 Feb 2014 #8

Closet racist juror-1 Justice - 0 JCMach1 Feb 2014 #10

Sorry, not correct. demwing Feb 2014 #33

No they just believed that it was justifiable to be threatened by imaginary guns JCMach1 Feb 2014 #44

Don't move the goalpost! You said justice was not served. demwing Feb 2014 #45

No, no, nothing being hung on the murder charge indicates justification Yo_Mama Feb 2014 #49

Realistically, they would have settled for murder 2 if that were the only barrier to consensus. geek tragedy Feb 2014 #61

Exactly! Diamonique Feb 2014 #68

They failed to convict him for killing Davis. nt geek tragedy Feb 2014 #58

The night is dark demwing Feb 2014 #62

Don't think so, if it was a racist juror he/she would have hung on ALL counts. nt edbermac Feb 2014 #37

Good point demwing Feb 2014 #47

Forgive me, I'm not much of a trial expert. Chorophyll Feb 2014 #12

No Mz Pip Feb 2014 #14

Let's hope so. Thanks! nt Chorophyll Feb 2014 #16

60 years minimum before eligible for parole! MoonRiver Feb 2014 #43

Hey, that's life! demwing Feb 2014 #48

Do those sentences have to consecutive or can they be concurrent? whopis01 Feb 2014 #54

They'll run consecutive because each charge sked14 Feb 2014 #59

No he won't walk and the prosecution can retry the case on count one. edbermac Feb 2014 #21

Thanks. Very glad to know it. Chorophyll Feb 2014 #29

is he in custody now? savalez Feb 2014 #65

He's been in custody since his arrest. sked14 Feb 2014 #72

Good enough. DemocraticWing Feb 2014 #27

Juror comments will be interesting Mz Pip Feb 2014 #31

No statute of limitations on murder exboyfil Feb 2014 #40

The prosecution plans to retry Lisa D Feb 2014 #50

as long as they like dsc Feb 2014 #52

I've heard almost nothing about this trial and its evidence. BlueCheese Feb 2014 #66

I didn't follow the trial, what evidence did they have that it was premeditated? Hippo_Tron Feb 2014 #84

Shooting down a teen in cold blood because he's playing loud music Lex Feb 2014 #85

It does to me too, but they have to prove that beyond a reasonable doubt... Hippo_Tron Feb 2014 #86

With even one racist asshole on the jury Lex Feb 2014 #87

apparenlty, someone bought the self defense story and would not go for murder 2 either..... bettyellen Feb 2014 #88

I'd say they ought to re-try for murder 2 then... Hippo_Tron Feb 2014 #90

yeah, no matter how much you explain premeditation can only take seconds- I think people do not bettyellen Feb 2014 #91