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

    Savageduck Guest

    Not necessarily. In most states theft of items valued at less than $400
    is considered petty theft, a misdemeanor. If a bystander, or the shop
    keeper collapsed and dies due to the stress of being effected by the
    theft, a D.A. is going to show that there is a direct relationship to
    the theft and the collapse and subsequent death. That is going to be a
    tough task.
    The next thing to consider is the prior conviction status of the
    perpetrator. If he/she has an exiensive record, or if he/she is a felon
    on parole, or on some sort of probation, he/she might well be charged
    with a felony related to that parole or probation violation. Then if
    the test of linking the death to the theft passes, the perpetrator
    might well become vulnerable under the *Felony Murder Rule*. However, I
    suspect in that case the charge is more likely to be involuntary
    manslaughter.
    That said, I have seen one such case where the convicted individual
    benefited from an arrangement between a D.A. and a public defender and
    ended up doing 8 years for voluntary manslaughter, when he should have
    been doing 25-to-life for first degree murder.
    The D.A. got his conviction without having to seat a jury or argue, and
    the defense council got a bargain for his client. Tell me how shooting
    the victim 8 times in the face & torso, and then taking 5 days to die,
    is manslaughter and not murder?

    Sometimes the justice system is blind and perverted.
     
    Savageduck, Nov 26, 2014
    #81
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  2. Abe Swanson

    The Real Bev Guest

    As I said, it's necessary and even a good thing, but I still wonder
    about the frequency of innocents pleading guilty. Case in point -- Cary
    in The Good Wife. Any insight?
     
    The Real Bev, Nov 26, 2014
    #82
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  3. Abe Swanson

    Savageduck Guest

    A TV show I don't watch, so on that subject I have no opinion.

    The justice system in California grinds pretty fine, and while the beds
    in our prisons are filled with those who profess their innocence, the
    actual numbers of those who have been wrongly convicted, or railroaded
    by plea bargain coercion are few.
    The majority of those behind bars are there rightfully so, because of
    their own actions.
     
    Savageduck, Nov 26, 2014
    #83

  4. It seems right in character with Florida Man: https://twitter.com/_floridaman
     
    Band Beyond You, Nov 26, 2014
    #84
  5. Abe Swanson

    Kurt Ullman Guest

    Misdemeanor murders are a police term of art basically meaning that one
    extremely bad person offed another extremely bad person.
     
    Kurt Ullman, Nov 26, 2014
    #85
  6. Abe Swanson

    Kurt Ullman Guest

    IIRC, no matter how you violate parole or parole, the only thing
    they can do in relation to that is revoke parole and make you serve the
    original term (which nicely takes care of any bail concerns). If they do
    get a second conviction, the fact that the crime occurred whilst on
    parole or probation can probably be used to increase the jail time for
    the second offense. Also, involuntary manslaughter can be, depending on
    the circumstances and state laws, a felony.
     
    Kurt Ullman, Nov 26, 2014
    #86
  7. Abe Swanson

    Savageduck Guest

    In California, commission of a crime (felony or misdemeanor) while on
    parole is a parole violation and the subject is usually returned to
    custody. We also have a "Three Strikes" Law to consider and that is a
    strong bargaining tool for many Assistant D.A.s. Add to that sentencing
    guidelines specified in the Penal Code when prior convictions can be
    considered. We also have a whole shopping list of sentencing
    enhancements for priors some of which, such as firearms & weapons
    enhancements are mandatory. Those alone can add years to the sentence.
    <http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=12001-13000&file=12001-12022.95>

    In

    California involuntary manslaughter is a felony. However, D.A. and
    Judge have a wide degree of discretion when it comes to sentencing and
    a lot of that will depend on recommendations in the probation report,
    that is where prior convictions play an important role. So a first
    offender, with no priors, and a good probation report might be faced
    with a suspended, or partially suspended sentence and a three to five
    year probation period. A returned to custody parole violator could be
    facing a max term , plus any sentencing enhancements for the priors,
    along with how the charges for the crime leading to the involuntary
    manslaughter are dealt with.
     
    Savageduck, Nov 26, 2014
    #87
  8. Abe Swanson

    Rod Speed Guest

    Wiki doesn’t agree.
    http://en.wikipedia.org/wiki/Misdemeanor_murder
     
    Rod Speed, Nov 26, 2014
    #88
  9. Abe Swanson

    Savageduck Guest

    ....and "misdemeanor murder" does not exist in any state penal code. It
    is an invented and fictitious term, deliberately used to inject humor,
    or to denigrate more serious capital murder charges.
     
    Savageduck, Nov 26, 2014
    #89
  10. Abe Swanson

    Kurt Ullman Guest

    Kurt Ullman, Nov 26, 2014
    #90
  11. Abe Swanson

    Your Name Guest

    Anyone with more than one braincell knew ... that's what happens when
    you allow any old dimbulb from the Internet post stuff as "fact"
    without having any real checks (other than more dimbulbs). The bigger
    problem is that so many idiots actually believe it and use it as a
    reliable source of information. :-(
     
    Your Name, Nov 27, 2014
    #91
  12. Abe Swanson

    . Guest

     
    ., Nov 27, 2014
    #92
  13. Abe Swanson

    Your Name Guest

     
    Your Name, Nov 27, 2014
    #93
  14. Abe Swanson

    . Guest

    How might any mere mortal such as myself possibly contest
    or dispute such an issue oriented, devastatingly delineated,
    fact filled, cogent, well reasoned, referenced and documented
    rebuttal such as that? Simply suffice it to say that you're
    truly a certified, card carrying imbecile that I wouldn't shit
    on the best part of. Your idiotic ilk is already, and has been
    since its inception, more than overrepresented on usenet.
    Kindly do dry up and blow far ay.
     
    ., Nov 27, 2014
    #94
  15. Abe Swanson

    Kurt Ullman Guest

    Even under the rather relaxed standards of wiki, that entry was badly
    written.
     
    Kurt Ullman, Nov 27, 2014
    #95
  16. Abe Swanson

    Rod Speed Guest

    Rod Speed, Nov 27, 2014
    #96
  17. Abe Swanson

    Your Name Guest

    "relaxed standards"?!?! Wikipeadia has *NO* standards. It's just a
    bunch of morons posting rubbish to make themselves feel important and
    clever. :-\

    Anyone with a braincell who wants actual real facts goes to a proper
    reliable source, which isn't even remotely what Wikipedia is.
     
    Your Name, Nov 27, 2014
    #97
  18. Abe Swanson

    Lewis Guest

    If you are asking if the theft of a packet of crisps can be a felony then
    the answer is yes, it can. For example, if the thief is carrying a
    weapon in many jurisdictions, that makes any theft a felony. If the
    thief is on parole. If the thief has previous felony convictions. If
    there is currently a state of emergency then any theft is looting, and a
    felony. Probably other things I am forgetting.
     
    Lewis, Nov 28, 2014
    #98
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