Renisha McBride shooting (user search)
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  Renisha McBride shooting (search mode)
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Poll
Question: How would you have found Theodore Wafer?
#1
Guilty of Second Degree Murder
 
#2
Guilty of Manslaughter
 
#3
Guilty of Felony Firearm
 
#4
Not Guilty of Second Degree Murder
 
#5
Not Guilty of Manslaughter
 
#6
Not Guilty of Felony Firearm
 
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Partisan results

Total Voters: 33

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Author Topic: Renisha McBride shooting  (Read 9841 times)
Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« on: August 11, 2014, 09:51:02 PM »

murder and felony weapon.  Fail to see how one can have murder and manslaughter charges both apply unless Michigan's murder law categorized both murder and attempted murder as murder without regard to whether the intent to kill was successfully carried out.

How could you have murder and felony firearm? The firearm was part of the felony (murder).
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #1 on: August 12, 2014, 05:18:16 PM »

murder and felony weapon.  Fail to see how one can have murder and manslaughter charges both apply unless Michigan's murder law categorized both murder and attempted murder as murder without regard to whether the intent to kill was successfully carried out.

How could you have murder and felony firearm? The firearm was part of the felony (murder).

You don't have to kill someone with a firearm.

Huh... I thought Michigan wasn't one of those states with how they define it. Apparently I was wrong.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #2 on: September 08, 2014, 02:18:35 AM »

What do you think of the sentence in this case? Wafer was sentenced yesterday to 15-30 years for the murder charge, as well as 7-15 for manslaughter to be served concurrently, and an extra 2 years on top of the 15-30 for the gun crime.

I personally think he should have been given an indeterminate life sentence. If you were going to give him a minimum of 17 years, it should have been 17 to life, not 17-32.

I don't think he could've been given a life sentence.  I don't see how the judge could've scored the offense variables high enough to allow for a life sentence.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #3 on: September 09, 2014, 04:48:42 PM »

Just a few years ago, she wouldn't have had any choice but to give him a life sentence. I think they changed the law in accordance with Miller V. Alabama and applied it to adults as well.

No, state law has (at least to my knowledge) never had a mandatory life sentence for second degree murder, and it certainly hasn't been that way any time recently.

MCL 750.317, which went into effect back in 1931 says that second degree murder "shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same."

Miller v. Alabama is a completely separate issue.
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