Ahmaud Arbery (Read 9567 times)

eyeeatingfish

Re: Ahmaud Arbery
« Reply #40 on: December 01, 2021, 08:50:52 PM »
Were they tried for conspiracy?  Why is planning an element of the crime?  Are you referring to a statute that should have been applied to the case and wasn't?

You aren't tried for conspiracy to commit a crime if you complete the crime.

My comment wasn't about elements of the crime, only what I observed on the video.

eyeeatingfish

Re: Ahmaud Arbery
« Reply #41 on: December 01, 2021, 08:53:06 PM »
I don't think the intent was to use deadly force to stop him, but for me it looks like Ahmaud saw a gunman in the left if the truck and went to the right.  The next time you see him it looks like he is charging the armed man directly in front of the truck. In subsequent videos you can see his body maybe 100 ft in front of the truck, so I'm assuming he is being chased by a gunman, fearing the worst. In that senerio, would you, as Ahumad, turn your back on the gunman and keep running? I would have to assume, with a gunman chasing him, it was fight or die.

Imagine if Arbury had been armed and he shot at the males chasing him in the truck. As long as he hadn't actually committed any crime it likely would have been a  justified shooting.

Flapp_Jackson

Re: Ahmaud Arbery
« Reply #42 on: December 01, 2021, 10:00:25 PM »
You aren't tried for conspiracy to commit a crime if you complete the crime.

My comment wasn't about elements of the crime, only what I observed on the video.

Bull.  People are charged with conspiracy all the time as lesser charges, just in case the state doesn't make their case for the "completed criminal charge."

The video is lacking.  To form an opinion based solely on that and exclude the testimony that's already part of the official record is lazy at best.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: Ahmaud Arbery
« Reply #43 on: December 02, 2021, 11:10:14 PM »
Bull.  People are charged with conspiracy all the time as lesser charges, just in case the state doesn't make their case for the "completed criminal charge."

The video is lacking.  To form an opinion based solely on that and exclude the testimony that's already part of the official record is lazy at best.

I suppose I should say someone doesn't usually get convicted for the crime as well as conspiracy to commit the crime. They may be charged with both to give the jury a lesser charge option.

I am not forming my overall opinion on only what the video is showing though, I am just saying what I think the video alone shows. Of course the ultimate decision is on the entirety of the case.
« Last Edit: December 02, 2021, 11:15:23 PM by eyeeatingfish »

Flapp_Jackson

Re: Ahmaud Arbery
« Reply #44 on: December 03, 2021, 01:06:15 AM »
I suppose I should say someone doesn't usually get convicted for the crime as well as conspiracy to commit the crime. They may be charged with both to give the jury a lesser charge option.

I am not forming my overall opinion on only what the video is showing though, I am just saying what I think the video alone shows. Of course the ultimate decision is on the entirety of the case.

I figured you wouldn't do any research.

You can be convicted of both a crime and conspircy to commit said crime. It happens a lot, just to add to the sentencing.

For example:

Quote
Shavis Toby was convicted of second-degree murder and conspiracy to commit second-degree murder.
https://news.yahoo.com/toby-brothers-one-convicted-murder-235338771.html

It's not hard to understand.  Each charge is a separate crime.  Not only are the two not mutually exclusive, they are more often than not using many of the same elements as evidence.

The only time conspiracy can't be charged is when the defendant acted alone through all stages of the crime with nobody else knowing what he was planning.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: Ahmaud Arbery
« Reply #45 on: December 04, 2021, 11:13:25 PM »
I figured you wouldn't do any research.

You can be convicted of both a crime and conspircy to commit said crime. It happens a lot, just to add to the sentencing.

For example:
https://news.yahoo.com/toby-brothers-one-convicted-murder-235338771.html

It's not hard to understand.  Each charge is a separate crime.  Not only are the two not mutually exclusive, they are more often than not using many of the same elements as evidence.

The only time conspiracy can't be charged is when the defendant acted alone through all stages of the crime with nobody else knowing what he was planning.

Ok, brain fart here on my part. I was thinking of something completely different when we were talking about conspiracy. You are correct, people can be charged and convicted with the crime and the conspiracy to commit the same crime