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McLovin McLovin is offline
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Join Date: Jun 2009
Location: On a beach
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I think it's a fairly tough call.

Obviously, if he shot the guy 3 seconds after having the gun stuck in his face, or within 3 seconds of gunshots being fired, he'd be ok.

If he shot the guy 30 minutes after the exchange, that would be easy too.

In this instance, it seemed like approx. 30 seconds passed. Having not ever had a gun stuck in my face, or being involved in a gunfight, I don't know what one's mental state is during those 30 seconds.

But first degree murder is usually preplanned, premeditated murder. I guess one could meet that within a few seconds of being assaulted/robbed at gunpoint, but it does seem a bit harsh. I'd guess that in a lot of cases, you would get some kind of conviction and jail time, but in most cases, it wouldn't be 1st degree and life.

Seems like the right answer is that given the time that passed, he shouldn't have a complete "self defense" defense, but also should not be convicted/sentenced the same as a person who plans out a murder for weeks, then goes and carries it out. He seems somewhere in between those.

Last edited by McLovin; 06-01-2011 at 11:49 AM..
Old 06-01-2011, 11:47 AM
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