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Thread: Silly Question

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    Regular Member Bellum_Intus's Avatar
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    Silly Question

    Ok, So I'm not condoing the actions of the Aurora Shooter, but..

    How does the DA manage to charge him with 2 murder charges per murder? How does the DA charge him with 2 counts of attempted murder per attempted murder?

    Curious question... he's charged with 24 counts of Murder...

    --Rob
    Last edited by Bellum_Intus; 07-30-2012 at 08:16 PM.
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    Regular Member PikesPeakMtnMan's Avatar
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    I was wondering the same thing. One of the news stories I read stated that the DA could up the attempted murder charges because of the explosives in his apt (designed to kill responders, or whoever else entered) but I, too, am curious about the murder charges.
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    Regular Member zach's Avatar
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    I don't know, I've only been on a jury in 1 murder case and it was only 1 charge for 1 person.

    This from an article

    "It's a much easier way for the prosecution to obtain a conviction," said Denver defense attorney Peter Hedeen. "They throw as many (charges) up as they can. If you think you can prove it three different ways, you charge it three different ways."

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    Regular Member Bellum_Intus's Avatar
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    The problem I have here is..
    The more charges a defendant has against him, the more likely a jury will think "oh, he's got 147 Attempted Murder charges against him, he must be guilty" ...

    I've experienced this... first hand..
    Again, I'm not condoning the man at all, however, it will be next to impossible for him to get a fair trial..

    --Rob
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    I was wondering that myself. Really doesn't make any sense. I'm thinking double jeopardy, you cannot be charged twice for a crime. 12 counts of first degree murder and an attempted murder charge for each person injured makes sense.

    Edit: I don't believe that's a silly question. I bet a bunch of folks are wondering the same thing.
    Last edited by Keens; 07-30-2012 at 09:26 PM.

  6. #6
    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by Keens View Post
    I was wondering that myself. Really doesn't make any sense. I'm thinking double jeopardy, you cannot be charged twice for a crime. 12 counts of first degree murder and an attempted murder charge for each person injured makes sense.
    Agreed, I'm trying to find out how they are charging him w/ 2 counts per offense..

    --Rob
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    The way it was explained on the news analysis was...

    One count of intentional murder for each victim by name & one count for each of the victims killed that was caused by the act of random violence (shooting into a crowd). Rob got it right - They said the only purpose is to increase the impact to a jury by showing multiple potential 1st degree felonies. They indicated they were complementary.

    That is my best recollection and I may have taken a little license with the exact working.

    John

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by jskp229 View Post
    The way it was explained on the news analysis was...

    One count of intentional murder for each victim by name & one count for each of the victims killed that was caused by the act of random violence (shooting into a crowd). Rob got it right - They said the only purpose is to increase the impact to a jury by showing multiple potential 1st degree felonies. They indicated they were complementary.

    That is my best recollection and I may have taken a little license with the exact working.

    John
    Thank you!

    I am not sure I agree with stacking charges in an attempt to sway a Jury, agian, not to say I defend this guys actions (if he's proven guilty), but I am a firm believer in "Innocent until proven Guilty" .. I've been on the wrong side of this once.. it's not fun.. unfortunately, we tend to convict people in the press long before anything gets to a Jury..

    --Rob
    Last edited by Bellum_Intus; 07-30-2012 at 09:42 PM.
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    Quote Originally Posted by jskp229 View Post
    One count of intentional murder for each victim by name & one count for each of the victims killed that was caused by the act of random violence (shooting into a crowd).
    John
    That's about right, the charges were 12 counts of first-degree murder, and 12 counts of first-degree murder with "extreem indifference" and the same thing with each of the wounded victims for attempted murder. Basically saying he was firing into a crowd with the intent to kill as many as possible, not caring about who it was that was hit, exactly what he was doing.

    Charging him twice for each victim won't make any difference in the punishment, 500 years compared to 1000 years is still life in prison, and 12 death sentances compared to 24 death sentances still has the outcome of him no longer living. I agree that they're just trying to make as big an impact as possible on the jury.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by mtmanchris83 View Post
    I agree that they're just trying to make as big an impact as possible on the jury.
    Which IMO IS NOT a good thing, I believe the man deserves a fair trial.. with the media circus, and the DA slamming 2 murder charges per *real* count.. there's no way he can get a fair trial.

    Again, I am not supporting his actions if found guilty, but as I've said, I've been on the wrong side of this and it's a real problem within our supposed 'justice system' ..

    In my case, I could not afford 24k for atty's fees and was forced to plead guilty on 1 M1 count.. PS... the whole 'an atty will be appointed for you'. crap.. is just that.. BS.. you have to be below poverty level.. (this happened earlier this year)

    --Rob
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    Regular Member zach's Avatar
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    All they need to do is convict on 1 count and enforce the death penalty.

  12. #12
    Regular Member Bellum_Intus's Avatar
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    Yep, but stacking charges to influence a jury is just cheap..

    Eh, oh well.. we'll see..

    --Rob
    Kenaz Tactical Group

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    "Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people's money. It's quite a characteristic of them."
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    Campaign Veteran since9's Avatar
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    Quote Originally Posted by Bellum_Intus View Post
    Ok, So I'm not condoing the actions of the Aurora Shooter, but..

    How does the DA manage to charge him with 2 murder charges per murder?
    Either a media slip or a really stupid government and justifiable reason for a major overhaul.[/quote
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