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To: fieldmarshaldj; AuH2ORepublican; BillyBoy; Clintonfatigued

Here’s the skinny on first degree murder in IL

http://statelaws.findlaw.com/illinois-law/illinois-first-degree-murder-laws.html

And 2nd degree

http://statelaws.findlaw.com/illinois-law/illinois-second-degree-murder-laws.html

Only difference is 2nd has mitigating circumstance ie sudden passion or (unreasonable) belief that the killing was justified

They have to prove intent to kill for either or “Knows that the acts create a strong probability of causing death or great bodily harm to the individual”, busting a whole lot of caps probably qualifies.

“Voluntary manslaughter” is just for the unborn

http://statelaws.findlaw.com/illinois-law/illinois-voluntary-manslaughter-laws.html

Here’s involuntary

http://statelaws.findlaw.com/illinois-law/illinois-involuntary-manslaughter-laws.html

Looks like they have a case for 2nd degree, charging 1st is a reach, I don’t know how one could say they’re weren’t mitigating circumstances.


109 posted on 11/24/2015 9:23:46 PM PST by Impy (They pull a knife, you pull a gun. That's the CHICAGO WAY, and that's how you beat the rats!)
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To: Impy; fieldmarshaldj; AuH2ORepublican; BillyBoy; PhilCollins; SJackson

Maybe charging 1st. Degree Murder is a way of getting a plea bargain or getting the perp to plead to 2nd degree murder.

The cop was trigger happy.


128 posted on 11/25/2015 5:30:26 PM PST by Clintonfatigued (The barbarians are inside because there are no gaits)
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