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Re: BART cop never committed murder

Posted by Nilet on Sun Nov 7 04:09:31 2010, in response to Re: BART cop never committed murder, posted by Broadway Lion on Sat Nov 6 16:43:18 2010.

Nilet RailroadThis officer did not start his day planning to shoot a black man, ergo is could not be murder.

Not true. That he didn't plan it in advance means it's not first-degree murder, but it's still murder. If I only met you this very minute but I arbitrarily decide to shoot you in the face, it would still be murder— second-degree murder, but murder nonetheless, and I certainly wouldn't expect a two-year sentence for it.

If I'd only just met you a few minutes ago, but arbitrarily decided to handcuff you, throw you on the ground, and then shoot you in the back of the head while you lay there without any attempt to resist, that would definitely be murder. If my defence was to say: "Oops, I used the wrong gun; I intended to severely injure him, not kill him!" then I would have no chance of escaping a murder conviction— unless, as has become plainly apparent, I were a cop and you were black.


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