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the winnipeg sandbox » winnipeg sandbox.. » international... » is justice being served in this case?

is justice being served in this case?

+2
AdamX
Deank
6 posters

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1is justice being served in this case? Empty is justice being served in this case? Wed Jan 07, 2009 12:16 pm

Deank

Deank
contributor eminence
contributor eminence

guy shot in back 35 years ago... in hospital for a while... lives a full life... recently dies... blamed on shot from 35 years ago.. so shooter will be charged with murder...if they find him
http://www.winnipegfreepress.com/breakingnews/Mans_death__35_years_after_shooting_ruled_homicide_.html

Is justice properly being served?

AdamX

AdamX
contributor
contributor

i doubt they will find the guy if its been 35 years already, so it probably wont be an issue.

if they do though, i would say an attempted murder charge would be appropriate, but not murder.

http://www.cakefarter.com

Deank

Deank
contributor eminence
contributor eminence

wouldn;t he have done time for the attempted murder or assault or whatever way back then? Based on the wife's story the victim ran into the agressor a while back and said.. dont worry about it thats done with.

AdamX

AdamX
contributor
contributor

oh i didnt go to the link you provided, i just assumed from your comment that they had never found the shooter. my bad

http://www.cakefarter.com

FlyingRat

FlyingRat
moderator
moderator

If he had been caught back then, yeah. Let's say they did find him, imprison him for attempted murder, he does his time, etc. then the victim dies 35 years later.... do they grab the shooter and put him back in prison because the crime just got escalated?

Maybe this is to create an incentive to come forward if you do an attempted murder.... confess now before the guy dies and you beat a murder charge!

Deank

Deank
contributor eminence
contributor eminence

I thought that the limit was like 1 year? Or is that just in movies or Canada or something?

grumpy old man

grumpy old man
administrator
administrator

There is no statute of limitations for murder. Now had the dude been convicted of attempted murder way back when I believe double jeopardy would come into play.

I believe those are the ground rules in the US. Not sure what applies in Canada.

Guest

Anonymous
Guest

I believe you're right.

Deank

Deank
contributor eminence
contributor eminence

no no I mean that at one time ( dont know if it still exists ) you could only be charged with murder if the person died with one year of the act being committed against them..
There was even a couple of cases where the parents wanted the child removed from life support before day 365 just so the perp could be charged with murder.

10is justice being served in this case? Empty Re: is justice being served in this case? Wed Jan 07, 2009 4:27 pm

Guest

Anonymous
Guest

I hope that they challenge the Medical Examiner's Report.

Who's to say they're correct?

11is justice being served in this case? Empty Re: is justice being served in this case? Wed Jan 07, 2009 8:11 pm

rosencrentz

rosencrentz
uber-contributor
uber-contributor

No Records? B.S.- Did anyone notice what state the shooting was in??
Tell the authorities to arrest Dick Cheney!!
Bush will probably declare him not guilty, in the next 13 days!

http://www.elansofas.com

12is justice being served in this case? Empty Re: is justice being served in this case? Thu Jan 08, 2009 12:17 pm

AGEsAces

AGEsAces
moderator
moderator

grumpy old man wrote:There is no statute of limitations for murder. Now had the dude been convicted of attempted murder way back when I believe double jeopardy would come into play.

I believe those are the ground rules in the US. Not sure what applies in Canada.

There's no Double Jeopardy in Canada, so conceivably he could be charged for murder...though it would be more likely his original charge would be amended from "Attempted" to "Murder".

In this case...in the US, the shooter has not been charged yet...so Double Jeopardy doesn't apply if he's caught.

I don't know Texas laws about statues of limitations though. In some states, there IS a limit for murder 2 and lower. Murder 1 requires premeditation...and this is listed as a shooting of impulse...not premeditated murder.

I'd be willing to guess though, that if this shooter shot someone at the age of 17...he probably shot others, or committed other crimes...and is (or has been) incarcerated somewhere anyway.



Last edited by AGEsAces on Thu Jan 08, 2009 12:21 pm; edited 1 time in total

http://www.photage.ca

13is justice being served in this case? Empty Re: is justice being served in this case? Thu Jan 08, 2009 12:19 pm

grumpy old man

grumpy old man
administrator
administrator

Heh heh. My post was a Canadian commenting on US laws and AA's post was an American commenting on Canadian laws...

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