Current Events > If I shot someone in their sleep but they died an hour ago but I wasnt aware....

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Lairen
03/30/21 11:53:21 AM
#1:


I sneak into someones house to kill someone by shooting them in their sleep but theyre actually already dead and even died an hour ago yet i was not aware and shot their dead body in their sleep......

What would i be charged with?

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Heartomaton
03/30/21 11:53:52 AM
#2:


Defiling a corpse.

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Will_VIIII
03/30/21 11:54:33 AM
#3:


Maybe breaking and entering, attempted first degree murder, and defilement of a corpse?

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harley2280
03/30/21 11:54:43 AM
#4:


Attempted murder is still a crime in some jurisdictions.
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HODL_Austin_Era
03/30/21 11:54:56 AM
#5:


This is a topic.

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lww99
03/30/21 11:55:54 AM
#6:


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divot1338
03/30/21 11:57:54 AM
#7:


No witnesses so nothing probably. Unless you also engaged in necrophilia and left some DNA behind. Pervert.

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ThePieReborn
03/30/21 11:58:14 AM
#8:


Factual impossibility does not preclude being charged with an inchoate crime, which here would be attempted murder.

This is a pretty basic UBE question for criminal law.

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Lairen
03/30/21 12:00:06 PM
#9:


So if i put my knee on the back of someones neck while theyre on the floor but they technically died from something else.....

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seankimberley42
03/30/21 12:00:19 PM
#10:


Well, in Canada we had a cop tried and convicted of attempted murder for this very scenario. He shot a suspect three times, the suspect died instantly, and the cop shot him six more times. He was charged (and found not guilty) of murder for the first three bullets and charged (and found guilty) with attempted murder for the next six shots.

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CanuckCowboy
03/30/21 12:00:46 PM
#11:


Shut up.

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NeonOctopus
03/30/21 12:01:01 PM
#12:


Lairen posted...
So if i put my knee on the back of someones neck while theyre on the floor but they technically died from something else.....
lol now we see the true purpose of this topic

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Dark_SilverX
03/30/21 12:01:27 PM
#13:


agravated assault

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HODL_Austin_Era
03/30/21 12:01:43 PM
#14:


What a twist.

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Venger2112
03/30/21 12:01:52 PM
#15:


lww99 posted...
r/oddlyspecific


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iPhone_7
03/30/21 12:01:56 PM
#16:


NeonOctopus posted...
lol now we see the true purpose of this topic


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Legato-and-Vash
03/30/21 12:02:45 PM
#17:


Lairen posted...
So if i put my knee on the back of someones neck while theyre on the floor but they technically died from something else.....
Wow

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NoxObscuras
03/30/21 12:02:47 PM
#18:


Lairen posted...
So if i put my knee on the back of someones neck while theyre on the floor but they technically died from something else.....
Ah... So that's what you were trying to do... Not the same. You know it, but I'm not sure you even care lol

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#19
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Lairen
03/30/21 12:03:43 PM
#21:


Wait, no, thats different!

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Shablagoo
03/30/21 12:03:52 PM
#22:


Lairen posted...
So if i put my knee on the back of someones neck while theyre on the floor but they technically died from something else.....

Oh, is that what this topic is?

It was 9 minutes of kneeling. Even if the legal cause of death was heart attack or whatever, have you considered that a full-grown man kneeling on a persons neck for 9 minutes might be likely to cause a heart attack?

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Lairen
03/30/21 12:04:49 PM
#23:


Shablagoo posted...
Oh, is that what this topic is?

It was 9 minutes of kneeling. Even if the legal cause of death was heart attack or whatever, have you considered that a full-grown man kneeling on a persons neck for 9 minutes might be likely to cause a heart attack?

Yes! So that means.....

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ThePieReborn
03/30/21 12:05:11 PM
#24:


It is different. You clearly outlined the mental state in your hypothetical, which made it easy to track to attempted murder.

You did not do so in your attempt to analogize it to Chauvin.

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Lairen
03/30/21 12:06:38 PM
#25:


ThePieReborn posted...
It is different. You clearly outlined the mental state in your hypothetical, which made it easy to track to attempted murder.

You did not do so in your attempt to analogize it to Chauvin.

During the entire 9 minutes i had my knee on his kneck, while many yelled at me, i had no intent to kill....

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ChrisTaka
03/30/21 12:07:55 PM
#26:


Would that be considered tampering with a crime scene? Or is it only legally considered a crime scene when authorities begin investigation?

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#27
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ThePieReborn
03/30/21 12:08:53 PM
#29:


Yes, other people thinking you are doing X does not necessarily mean that you are or intend to do X.


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Shablagoo
03/30/21 12:08:57 PM
#30:


Lairen posted...
Yes! So that means.....

Oh ok, I get what youre saying now. Sorry for assuming ill intent.

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SergeantGander
03/30/21 12:09:29 PM
#31:


Dang. TC pranked you guys

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Lairen
03/30/21 12:15:10 PM
#32:


Shablagoo posted...
Oh ok, I get what youre saying now. Sorry for assuming ill intent.

This is the logic theyre splitting to get him off.

You are saying that being on top of a mans neck on the floor didnt kill him so hes innocent but not that doing that caused what killed him.

The most technical lawyer bs.

The originals more grey but being that if not but for the person dying in their sleep, id definitely be the cause of death. To say im innocent is insane.

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Will_VIIII
03/30/21 12:16:03 PM
#33:


Shablagoo posted...
Oh ok, I get what youre saying now. Sorry for assuming ill intent.


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Lairen
03/30/21 12:18:01 PM
#34:


This is as stupid as me hiring a hitman to kill and saying im innocent cause the cause of death is the hitman. If i didnt hire a hitman then hed not have killed.

If you didnt put your knee on his neck for 9 minutes....

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Fam_Fam
03/30/21 12:24:37 PM
#35:


Lairen posted...
This is as stupid as me hiring a hitman to kill and saying im innocent cause the cause of death is the hitman. If i didnt hire a hitman then hed not have killed.

If you didnt put your knee on his neck for 9 minutes....

yeah but hiring a hitman is a crime
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Lairen
03/30/21 12:26:44 PM
#36:


Fam_Fam posted...
yeah but hiring a hitman is a crime

So youre telling me that putting your knee on the back of someones neck on the street for 9 minutes is legal.

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ThePieReborn
03/30/21 12:29:06 PM
#37:


It isn't necessarily illegal depending upon the circumstances.

You keep attempting to analogize to things that are readily distinguishable because you only describe a blatant intent to kill in your attempted analogies.

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Lairen
03/30/21 12:30:03 PM
#38:


ThePieReborn posted...
It isn't necessarily illegal depending upon the circumstances.

You keep attempting to analogize to things that are readily distinguishable because you only describe a blatant intent to kill in your attempted analogies.

What does banned mean? Cause its banned.

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NoxObscuras
03/30/21 12:30:17 PM
#39:


Lairen posted...
This is the logic theyre splitting to get him off.

You are saying that being on top of a mans neck on the floor didnt kill him so hes innocent but not that doing that caused what killed him.

The most technical lawyer bs.

The originals more grey but being that if not but for the person dying in their sleep, id definitely be the cause of death. To say im innocent is insane.
You really should have made your stance on this more clear from the beginning. I'm pretty sure a lot of people tagged you as something nasty after that bait and switch you did lol.

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ThePieReborn
03/30/21 12:32:12 PM
#40:


Based on a quick search, it wasn't banned by the Minneapolis police department, and I haven't seen overriding authority from statute or regulation that would have been effective at the time of Floyd's death in custody.

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Lairen
03/30/21 12:35:22 PM
#41:


ThePieReborn posted...
Based on a quick search, it wasn't banned by the Minneapolis police department, and I haven't seen overriding authority from statute or regulation that would have been effective at the time of Floyd's death in custody.

In Minneapolis, a law was introduced on 5 June banning choke holds and ordering other officers to intervene if a fellow officer is employing one

But technically at the time it was "ok"

Literally made it against the law because, you might have heard, someone died from it.


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ThePieReborn
03/30/21 12:36:08 PM
#42:


Yes, and that doesn't factor into it because we have an express prohibition on ex post facto laws.

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Lairen
03/30/21 12:38:20 PM
#43:


ThePieReborn posted...
Yes, and that doesn't factor into it because we have an express prohibition on ex post facto laws.

But theyre literally observing it killed someone and making a law against it.

And youre being charged with murdering someone by using it.

So that means......

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ThePieReborn
03/30/21 12:39:01 PM
#44:


Absolutely nothing, because again:

ThePieReborn posted...
Yes, other people thinking you are doing X does not necessarily mean that you are or intend to do X.

And we again return to the fact that your hypothetical attempted murder and hypothetical murder via an accomplice are inapposite to the facts and applicable case law and legal principles at play.

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Lairen
03/30/21 12:40:52 PM
#45:


ThePieReborn posted...
Absolutely nothing, because again:

You did X and X killed someone. So now we discuss just how guilty you are because you are not innocent.

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ThePieReborn
03/30/21 12:46:48 PM
#46:


And for the record, albeit no one ever listens to me anyway, my position is guilty of third degree murder.

However, I'm an attorney. I can recognize seeds that may sprout into reasonable doubt. If this were a bench trial, I'd be comfortable in betting on a finding of guilt for third degree murder. We have a jury, and a jury trial is always a crapshoot.

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Lairen
03/30/21 12:51:32 PM
#47:


The unintentional killing of another through an eminently dangerous act committed with a depraved mind and without regard for human life

Well have to settle with this because lawyers can object intention all day long unless theres an insane amount of evidence showing intent. But everything else seems very obvious.

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Fam_Fam
03/30/21 1:03:18 PM
#48:


Lairen posted...
So youre telling me that putting your knee on the back of someones neck on the street for 9 minutes is legal.

guess we'll find out
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Lairen
03/30/21 1:15:25 PM
#49:


Fam_Fam posted...
guess we'll find out

It is now.

So you want to be on the side defending something thats recognized as illegal now over this very incident?

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