Guy gets caught while trying to stop drivers from talking oncellphones while driving

Discussion in 'iPhone' started by Abe Swanson, Nov 20, 2014.

  1. Abe Swanson

    BobbyK Guest

    Wrong, as always.

    Actually, I have no idea if that's true or not, but wanted to beat
    Rod to it. :)
     
    BobbyK, Nov 22, 2014
    #41
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  2. Abe Swanson

    BobbyK Guest

    Rod? Is that you? :)
     
    BobbyK, Nov 22, 2014
    #42
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  3. Abe Swanson

    technomaNge Guest

    As I recall, that is the law used to charge Angela Davis with murder
    during a terrorist attack in which she participated, in California,
    in the 60's.



    technomaNge
     
    technomaNge, Nov 22, 2014
    #43
  4. Abe Swanson

    Savageduck Guest

    Where exactly did you get your information regarding California Law?
    Many times yes, murder in the first degree, and in California,
    sometimes "Special Circumstances Murder".
    ....and apparently you aren't aware of those differences as they apply
    to California Law.
    Not necessarily, when the intent of the felony/attempted felony is
    murder, and a crime partner is killed by the potential victim, the
    surviving crime partner can be charged and convicted of first degree
    murder, and even Special circumstances murder in California. All under
    the felony murder rule.
    It can be depending on the felony.
    In one of those cases yes, and it was a special circumstances case
    where the individual convicted was sentenced to life without the
    possibility of parole.
    You seem to be amazingly ill informed about California Law, even for
    somebody posting from wherever it is in the Pacific you are posting
    from.
    Not necessarily.
    Not necessarily.
    Not necessarily

    I suggest you familiarize yourself with the California Penal Code
    Sections 187-199. Particularly section 189 where you will find this:

    "All murder which is perpetrated by means of a destructive
    device or explosive, a weapon of mass destruction, knowing use of
    ammunition designed primarily to penetrate metal or armor, poison,
    lying in wait, torture, or by any other kind of willful, deliberate,
    and premeditated killing, or which is committed in the perpetration
    of, or attempt to perpetrate, arson, rape, carjacking, robbery,
    burglary, mayhem, kidnapping, train wrecking, or any act punishable
    under Section 206, 286, 288, 288a, or 289, or any murder which is
    perpetrated by means of discharging a firearm from a motor vehicle,
    intentionally at another person outside of the vehicle with the
    intent to inflict death, is murder of the first degree. All other
    kinds of murders are of the second degree."

    Note these included words: "..., or attempt to perpetrate, arson, rape,
    carjacking, robbery,
    burglary, mayhem, kidnapping, train wrecking, or any act punishable
    under Section 206, 286, 288, 288a, or 289, or any murder which is
    perpetrated by means of discharging a firearm from a motor vehicle,
    intentionally at another person outside of the vehicle with the
    intent to inflict death, is murder of the first degree."

    So get back to us once you actually know what you are talking about.
     
    Savageduck, Nov 22, 2014
    #44
  5. Abe Swanson

    Savageduck Guest

    Not quite. Davis was charged with Conspiracy to commit murder, &
    kidnapping when the guns used in the Marin County Court House,
    kidnapping & murder case were traced back to her.
    She was eventually brought to trial and was acquitted by an all white
    jury which basically held that purchase of the weapons was insufficient
    evidence to obtain a conviction, or to show that she was responsible
    for the plot.

    That whole saga started with the "Soledad Brothers" case.
    <http://en.wikipedia.org/wiki/Soledad_Brothers>
     
    Savageduck, Nov 22, 2014
    #45
  6. Abe Swanson

    Your Name Guest

    It wouldn't matter to you anyway.

    A. You're dead from the heart attack.

    B. You weren't the one stealing the packet of crisps, so
    wouldn't be charged with "first degree murder".

    What you probably meant to say was that you wouldn't want *someone
    else* having a heart attack when *you* are stealing a packet of crisps
    .... that way you would (supposedly) be charged with "first degree
    murder". :)
     
    Your Name, Nov 23, 2014
    #46
  7. Abe Swanson

    290jkl Guest

    But not with FIRST DEGREE murder.
     
    290jkl, Nov 23, 2014
    #47
  8. Abe Swanson

    290jkl Guest

    From the legislation and what has happened in court, the only place that
    matters on that.
    It can not be first degree murder unless there is intent and
    is wilful and premeditated with malice aforethought.
    Separate matter entirely.
    You're wrong.
    Felony murder is not the same thing as first degree murder.
    Only if there is all of intent, wilful and premeditated with malice
    aforethought
    That is not the one I made the comment on at the top and
    you claimed was first degree murder in California. It isnt.

    and it was a special circumstances case
    Irrelevant to whether the one I brought up is first degree murder. It isnt.
    You can't even manage to work out what is being discussed,
    whether the situation I brought up is FIRST DEGREE MURDER.
    Yes, its certainly true that a particular murder can be
    both first degree murder and felony murder. The one
    I brought up is not first degree murder tho.
    I already did that thanks, long before you ever showed up.
    That does NOT say that the death that I brought up is first degree murder.

    Thanks for that proof that your comment was just plain wrong.
    You've just proven that I do. Thanks for that.
     
    290jkl, Nov 23, 2014
    #48
  9. Abe Swanson

    Savageduck Guest

    Check your history books. Angela Davis was charged with aggravated
    kidnapping and first degree murder in the death of Judge Harold Haley,
    along with conspiracy to commit murder and kidnapping.
     
    Savageduck, Nov 23, 2014
    #49
  10. Abe Swanson

    Savageduck Guest

    What legislation, and what cases specifically?
    Where did you get that?
    yup! but it still counts.
    Just how did you become an expert on California Law?
    It can be.
    You say that enough times you might believe it.
    If you are referring to the cell phone blocker's actions resulting in a
    death, that is going to depend on how they charge the blocking of cell
    service, and the circumstances of any related death. That is a
    hypothetical anyway.
    What exactly did you bring up?
    I know very well what constitutes first degree murder, second degree
    murder, special circumstances, how the felony murder rule is applied,
    what voluntary and involuntary manslaughter are, along with a whole
    bunch of other stuff you wouldn't know about in the California Penal
    Code.
    Are we slowly gaining a bit of understanding?
    ....and you know this, how?
    ....and yet you remain so very wrong.
    Actually you don't have a clue.
    Now where was it you said you lived, and how long have you been a legal
    professional in California?
     
    Savageduck, Nov 23, 2014
    #50
  11. Abe Swanson

    290jkl Guest

    Nope, the first comment I made at the top.

    that is going to depend on how they charge the blocking of cell
    The first comment I made at the top.
    You clearly don’t when you got it completely
    wrong about first comment I made at the top.
    Nope, just agreeing with you on that particular point.
    You proved that with the quote on what the law says about that.
    You just proved that I am not.
    You just proved that I do.

    The law you cited says very explicitly indeed that the death
    I mentioned in my first comment is second degree murder.
     
    290jkl, Nov 23, 2014
    #51
  12. Abe Swanson

    Savageduck Guest

    On 2014-11-23 03:45:08 +0000, "290jkl" <> said:
     
    Savageduck, Nov 23, 2014
    #52
  13. Abe Swanson

    Savageduck Guest

    For some reason you snipped my final question in my last post, or you
    just don't want to answer it.

    To help you recall, here is what I asked:
    "Now where was it you said you lived, and how long have you been a
    legal professional in California?"

    ....and for the record I live in California.
     
    Savageduck, Nov 23, 2014
    #53
  14. Abe Swanson

    290jkl Guest

    Because it is completely irrelevant to what was being discussed
    when you proved with that quote of the law that what I said
    originally about a particular death being not first degree murder.
     
    290jkl, Nov 23, 2014
    #54
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    Sanity Clause, Nov 23, 2014
    #55
  16. Abe Swanson

    Kurt Ullman Guest

    It can not be first degree murder unless there is intent and
    is wilful and premeditated with malice aforethought.[/QUOTE]

    Depends a little on the state but generally it can be under very
    specific circumstances. The death penalty may not be imposed if the
    defendant is merely a minor participant and did not actually kill or
    intend to kill. However, the death penalty may be imposed if the
    defendant is a major participant in the underlying felony and "exhibits
    extreme indifference to human life". It would stand to reason that if a
    person intends to commit a felony and in within that felonious situation
    opens fire and hits someone, they would have exhibited an extreme
    indifference to human life even if the intent was just to get people to
    duck and buy some time to get out.
     
    Kurt Ullman, Nov 23, 2014
    #56
  17. Abe Swanson

    News Guest

    Depends a little on the state but generally it can be under very
    specific circumstances. The death penalty may not be imposed if the
    defendant is merely a minor participant and did not actually kill or
    intend to kill. However, the death penalty may be imposed if the
    defendant is a major participant in the underlying felony and "exhibits
    extreme indifference to human life". It would stand to reason that if a
    person intends to commit a felony and in within that felonious situation
    opens fire and hits someone, they would have exhibited an extreme
    indifference to human life even if the intent was just to get people to
    duck and buy some time to get out.
    [/QUOTE]


    So, for example, if the jammer was being used by a crime participant IN
    ORDER TO order to deter reporting or response...
     
    News, Nov 23, 2014
    #57
  18. Abe Swanson

    Kurt Ullman Guest

    Depends, obviously on the facts in the particular case, but if they were
    using jamming equipment for that purpose and there was a death because
    cell or maybe the ambulance radio wouldn't work, I could see how a
    prosecutor might argue that jamming cell phone frequencies might exhibit
    extreme indifference to human life.
     
    Kurt Ullman, Nov 23, 2014
    #58
  19. Abe Swanson

    290jkl Guest

    Depends a little on the state[/QUOTE]

    Yes, there have been a few like California that have utterly mangled
    the original distinction between first and second degree murder.

    but generally it can be under very
    The penalty is an entirely separate issue to whether the murder is
    first or second degree murder. There is no automatic death penalty
    with all first degree murder and very few states even have a death
    penalty anymore.

    It would stand to reason that if a
    Sure, but that is an entirely separate matter to the difference between
    first degree and second degree murder and manslaughter etc.
    http://en.wikipedia.org/wiki/Murder_(United_States_law)#Degrees_of_murder_in_the_United_States
     
    290jkl, Nov 23, 2014
    #59
  20. Abe Swanson

    Kurt Ullman Guest

    Well since the part I was replying was under what circumstances
    felony murder could be used to make it a capital offense, I have no idea
    why the degree is an issue.
    You are obviously involved in a different part of the discussion than
    I am.
     
    Kurt Ullman, Nov 23, 2014
    #60
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