- Joined
- 23 Feb 22
- Moves
- 1798
@no1marauder saidNo evidence of the plans other than her own words.
Of course there isn't any evidence of such "plans"; the defendants are presently still charged with murder and incarcerated. https://www.cbsnews.com/sanfrancisco/news/alameda-county-da-pamela-price-denounces-racist-attacks-surrounding-the-jasper-wu-slaying-case/
It is her stated intention.
@athousandyoung saidI'm not an expert in California law but in most States it would still be murder under the doctrine of "transferred intent" (unless some other defense applies):
It wasn’t murder it was manslaughter
Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead. In this case, the defendant's intent transfers from the intended victim to the actual victim and can be used to satisfy the mens rea element of the crime that the defendant is being charged with. The transferred intent doctrine is only used for completed crimes, and is not used for attempted crimes."
https://www.law.cornell.edu/wex/transferred_intent
1 edit
@jj-adams saidDespite what your article claims the DA's email didn't that.
Says it in the opening paragraph:
"The family of Jasper Wu, an Oakland toddler who was killed by stray bullet, have voiced concern over Alameda County District Attorney Pamela Price’s plans to not pursue jail time for the suspects."
@no1marauder saidNot if the gangster were shooting in self defense
I'm not an expert in California law but in most States it would still be murder under the doctrine of "transferred intent" (unless some other defense applies):
Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead. In this case, the defendant's intent transfers from the intended victim to the actu ...[text shortened]... crimes, and is not used for attempted crimes."
https://www.law.cornell.edu/wex/transferred_intent
@athousandyoung saidDoesn't seem to be the case:
Not if the gangster were shooting in self defense
https://www.cbsnews.com/sanfrancisco/news/jasper-wu-oakland-880-fatal-shooting-arrests-gang-members/
The gang members (who's gun shot the two year old) riddled the intended victim's car with bullet holes, while their own vehicle had no such damage. They were also arrested for conspiracy to commit a crime (showing intent) and possession of a firearm as a felon.
But I agree with your point that tragic accidents happen, which should be considered.
@athousandyoung said"unless some other defense applies".
Not if the gangster were shooting in self defense
@mott-the-hoople saidShe didn't say that was her intent for *this* case, just a general goal.
you people are just plain stupid…
“Price revealed that her office is working to pursue “non-carceral” — meaning no jail time, even for criminals — forms of punishment”
@mott-the-hoople saidNope, she doesn't say all cases or mention this one.
yes, that INCLUDES this case
you people really are stupid
Keep trying, she didn't say that.
@mott-the-hoople saidYou're a complete idiot if you truly believe that any DA doesn't think prison is an appropriate punishment for murderers.
yes, that INCLUDES this case
you people really are stupid
More likely you're just being a troll POS.
- Joined
- 23 Feb 22
- Moves
- 1798
@no1marauder saidThat's because the Army sergeant was threatened by a man with an AK-47 and he fired in self-defense.
Here's a real case where a Governor wants a convicted murderer to serve no jail time: https://apnews.com/article/texas-governor-pardon-daniel-perry-fa7feeadf552fe01bd6394d13de4178d
I'd like to see what the jury looked like that found him guilty.