Attempted murder trial. Unusual defense.

Sailor Steve · 09-20-13, 09:50 AM

Quote:

Originally Posted by Platapus

Does anyone know what the projectile range of a .44 mag blank round is?

We could ask Jon-Erik Hexum.

Good one. I still remember that.

Jimbuna · 09-20-13, 09:55 AM

He's more chance of winning his state lottery (if they have one) six months in a row than getting off with that

Platapus · 09-20-13, 10:05 AM

"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?"

Judge:

Bubblehead1980 · 09-20-13, 11:17 AM

[QUOTE=Platapus;2117037]"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?"

Judge:

[/QUOTE

I know how it sounds, but it has worked and with right jury in the box and attorney selling it, could see it work.Intent is a lot of the equation.Honestly, the man on trial knew he had blanks and could not kill her, he did not intend to kill her nor could he, he did break the law by aiming the weapon and discharging it, that is an assault and much more airtight case. Honestly, this akin to me striking you with a plastic bat in the head and being charged with attempted murder. People overreact when guns are involved.

For the fact the state is abusing it's poweer with an overzealous prosecution, I hope he is found not guilty or gets a hung jury.

Platapus · 09-20-13, 12:11 PM

You are absolutely right. It will be up to the jury and one really can't predict what juries will or won't do.

This crime took place in Canada. What are the handgun laws in Canada? I thought that it was rare that anyone could own handguns up there.

09-20-13, 09:55 AM	#2
Jimbuna Chief of the Boat Join Date: Feb 2006 Location: 250 metres below the surface Posts: 191,468 Downloads: 63 Uploads: 13	He's more chance of winning his state lottery (if they have one) six months in a row than getting off with that __________________ Wise men speak because they have something to say; Fools because they have to say something. Oh my God, not again!!

09-20-13, 10:05 AM	#3
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,444 Downloads: 63 Uploads: 0	"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?" Judge: __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

09-20-13, 12:11 PM	#5
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,444 Downloads: 63 Uploads: 0	You are absolutely right. It will be up to the jury and one really can't predict what juries will or won't do. This crime took place in Canada. What are the handgun laws in Canada? I thought that it was rare that anyone could own handguns up there. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

09-20-13, 11:17 AM	#4
Bubblehead1980 Navy Seal Join Date: Apr 2009 Location: Florida USA Posts: 7,197 Downloads: 621 Uploads: 44	[QUOTE=Platapus;2117037]"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?" Judge: [/QUOTE I know how it sounds, but it has worked and with right jury in the box and attorney selling it, could see it work.Intent is a lot of the equation.Honestly, the man on trial knew he had blanks and could not kill her, he did not intend to kill her nor could he, he did break the law by aiming the weapon and discharging it, that is an assault and much more airtight case. Honestly, this akin to me striking you with a plastic bat in the head and being charged with attempted murder. People overreact when guns are involved. For the fact the state is abusing it's poweer with an overzealous prosecution, I hope he is found not guilty or gets a hung jury.