OT way OT but GOOD for Mom!

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On 1/7/2012 8:19 PM, HeyBub wrote:

Now you know how I feel about the guy that was standing out side and be charged for something that did not happen.
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Leon wrote:

No, I don't see the logic, nor, evidently, do you.
A passenger in a car is not a participant in any offense in which the driver partakes.
Take it further: You are a passenger in a car. Your buddy, the driver, gets incensed over the actions of another driver, pulls up beside the other driver, and, through the open window, shoots the other driver dead. Are you in any way guilty of anything? Of course not.
If, however, YOU are driving and you buddy says "Pull up beside that asshole so I can shoot his sorry ass," and you do as your buddy asks, you have committed felony murder (in most jurisdictions).
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On 1/7/2012 8:17 PM, HeyBub wrote:

Same thing with the buddy standing out side.
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Leon wrote:

Only if the buddy in no way helped the assailant. It's true that when the ass-hat kicks down the door, the buddy has no duty to intervene, but in the instant case, the buddy was an active, willing participant in the crime.
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Shakespeare's Henry VI, part 2, Act 4, Scene 2 You said it, Dick!
-- It takes as much energy to wish as to plan. --Eleanor Roosevelt
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Swingman wrote:

Let's posit a hypothetical: Two men agree to rob a bank. One will do the robbery, the other will drive the getaway car. During the robbery, a teller is shot and killed.
Do you actually think robber #2 can be charged only with double-parking? No, you might say, he's guilty only of robbery. But HE didn't rob anybody or even attempt to do so! He was merely sitting in the car outside the bank with the engine running.
The sequence here is that when more than one person participates in committing a crime, each member of the gang is equally responsible for any act that any member undertakes.
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On 1/7/2012 7:46 AM, HeyBub wrote:

Lets change that story to a friend drives another to the bank to make a deposit. The friend ends up robbing the place and gets killed. Now you go to jail responsible for his death.
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wrote:

That's where the law can fall down. It leaves it up to the DA whether or not to prosecute the driver as a getaway conspirator or just let him go as an unsuspecting friend.
In places like Gnu Yawk Shitty, with foaming-at-the-mouth liberals like Bloomberg and his pet DA, you're hung before you're arrested.
-- Worry is a misuse of imagination. -- Dan Zadra
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On 1/7/2012 9:40 AM, Larry Jaques wrote:

Now you are seeing the light, I think. ;~) We would like for the other guy to get the worse punishment, that would make us all feel good. But not actually knowing all the facts does he really deserve it?
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wrote:

The second perp need to be punished, and heavily.

If I were the DA, I'd have that mindset going into it, then let the facts bring it into focus. I'd want to get the guy on tape as to what his mindset was at the time of the incident. Who brought whom into the picture, what they were planning, etc. If he wanted to rape the woman and got the dumb moose to break the door in for him, I'd want him hung (or better.)
-- Worry is a misuse of imagination. -- Dan Zadra
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wrote:

Reasonable doubt.
Get a good lawyer
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Leon wrote:

No you don't. We have a teaching moment here; The basic theory of criminal law is that every offence is predicated on the state of mind of the accused. In the example you posit, there is no "mens rea", or guilty mind. Without the requisite criminal (or negligent) intent, there is no crime. Period. End of story. The driver must have known, or should have known, that a robbery was planned before any sanction can attach. Mere presence is not enough because, as you proposed, the presence was entirely innocent.
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On 1/7/2012 8:28 PM, HeyBub wrote:

beginning of this thread it was not known, what he confessed to.
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On 1/7/2012 7:46 AM, HeyBub wrote:

I thought you were smarter than that. The scenario you propose, and what happened in the situation I was remarking upon, are totally different.
AAMOF, I CLEARLY stated that. Learn to read ...
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"Han" wrote in message
In NY City a group of 5 is being held, because 1 of them shot and killed a policeman who had cornered him in the residence. The rest were lookouts and/or otherwise accomplices. They are all facing charges of murder of some kind now, although only 1 of them did the deed. He was arrested and let go in spite of a NC/SC arrest warrant, but the down south authorities didn't want to come and get him. Apparently that was enough reason to let him free, damn the judge involved. Oh, yes, the gun used was an illegal weapon.
============================================================= You mean that the criminal didn't go down to a gun shop, fill out the paperwork, wait several days, have a criminal background check done, then come back and pick up his gun so he could go out and commit a crime? Damn criminals, you pass all these laws and they still don't do it right.
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<g> OK, you understand that the criminals don't do that, so whatdifference will gun registration make, Han? Why is that such a good idea to you? I don't understand that. It only penalizes the GOOD guys.
-- Worry is a misuse of imagination. -- Dan Zadra
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You're right, by now it may be too late to be really useful. Still, why make it even easier for criminals to get guns?
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Han
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On 01/06/2012 08:05 PM, Han wrote:

The law has no meaning to criminals. They don't register their firearms.
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"Socialism is a philosophy of failure,the creed of ignorance, and the
gospel of envy, its inherent virtue is the equal sharing of misery"
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On 1/6/12 9:05 PM, Han wrote:

Why make it harder for upstanding citizen to exercise their constitutional rights?
Gun control laws have done nothing to deter criminals from using gun in crimes, nor have they cut down on the crime rate. The blatantly obvious fact that is obvious to everyone except liberal lawmakers is that criminals who use guns to commit crimes overwhelmingly use illegally obtained guns to commit the crimes.
All those laws do it inconvenience upstanding citizens and make it more expensive for them to own and operate their own guns.
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-MIKE-

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Um, they're getting guns now, even -with- registration. Registration only affects those who wish to do this legally and aboveboard.
You do realize that criminals can buy stolen guns and illegally imported guns for less than the stores sell them, don't you? (not all, but many)
-- Worry is a misuse of imagination. -- Dan Zadra
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