General Discussion

dpibel

(3,455 posts)

37. Well, what you see is not what the law is

Tue Dec 10, 2024, 09:14 PM

Dec 10

What do you even mean by "inconsistent charges being brought in this state"?

You've been pointed to the New York STATE statute defining first degree murder. You may not like it. You may think you know better what Murder 1 is. But you should at least try to read the actual statute that governs this case before you get too exercised.

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2nd degree murder? [View all] spanone Dec 10 OP

Oh, yeah. 2nd degree. bucolic_frolic Dec 10 #1

Must be. spanone Dec 10 #3

Must not be. One could try reading the law before making assumptions. onenote Dec 10 #22

The Ivy League teaches research skills Renew Deal Dec 11 #45

NYS Penal Code: no_hypocrisy Dec 10 #2

Crazy. Thanks. spanone Dec 10 #4

This message was self-deleted by its author spanone Dec 10 #5

Statute says differently dpibel Dec 10 #10

Wild. Does that mean that Rex Heuermann Mike 03 Dec 10 #12

That's felony murder dpibel Dec 10 #14

Not 'only' murders of police. Why do people post inaccurate/incomplete information? onenote Dec 10 #18

First-degree murder is the most severe homicide crime and is always premeditated and carried out with intent. elleng Dec 10 #6

New York has its own degrees with this stuff Sympthsical Dec 10 #7

Yes, that's where I found this. elleng Dec 10 #9

More detail regarding first degree murder under New York law. onenote Dec 10 #21

It appears this was premeditated and had intent, but as others pointed out, it's New York law. spanone Dec 10 #8

So could a jury find him not guilty because he DID clearly premeditate, but it doesn't match the charge? Hellbound Hellhound Dec 10 #20

Both first degree and second degree murder in New York require a showing of intent. So no. onenote Dec 10 #23

Damn. Thank you for the clarification. Nt Hellbound Hellhound Dec 10 #24

This is the normal process in most states. Ocelot II Dec 10 #11

15 to life DeepWinter Dec 10 #13

What are the chances that jury nullification might come into play in this case? rollin74 Dec 10 #15

It's possible with a venue change TheProle Dec 10 #17

we haven't even seen jury nullification with trump's numerous ecstatic Dec 11 #44

What the ForgedCrank Dec 10 #16

What is going on is that NY distinguishes between murder with aggravating factors and other intentional murders onenote Dec 10 #19

See that ForgedCrank Dec 10 #29

So did you read the definition of terrorism in 490.05, paragraph b of subdivision 1? Or the language preceding "b"? onenote Dec 10 #30

I see ForgedCrank Dec 10 #33

You can see it. The expert prosecutors don't. onenote Dec 10 #34

I'm not ForgedCrank Dec 10 #35

Luigi Mangione indicted on first-degree murder charge ForgedCrank Dec 18 #46

Well, what you see is not what the law is dpibel Dec 10 #37

Funny thing ForgedCrank Dec 10 #38

You seem a little sensitive dpibel Dec 10 #39

Not really, ForgedCrank Dec 10 #40

What, exactly, is passive-aggressive about citing a statute? dpibel Dec 10 #41

How dare you counter feelings with evidence! Iggo Dec 11 #42

"That city"? dpibel Dec 10 #36

In NY State law you must prove intent to commit a murder. They can go with 2nd degree murder and they Jacson6 Dec 10 #25

Sure seems like 1st degree. I mean with the careful planning and all... brush Dec 10 #26

First degree is specifically in NY law. onenote Dec 10 #31

Here in California, "lying in wait" is a special circumstance. Iggo Dec 10 #27

Theiy know he killed the guy Trenzalore Dec 10 #28

Second degree murder and first degree murder are both "intent" crimes. onenote Dec 10 #32

2nd degree is premeditated murder in NY Mountainguy Dec 11 #43