Guy gets caught while trying to stop drivers from talking on cellphones while driving

Rod? Is that you? :-)

As I recall, that is the law used to charge Angela Davis with murder during a terrorist attack in which she participated, in California, in the 60's.

technomaNge

Where exactly did you get your information regarding California Law?

Many times yes, murder in the first degree, and in California, sometimes "Special Circumstances Murder".

...and apparently you aren't aware of those differences as they apply to California Law.

Not necessarily, when the intent of the felony/attempted felony is murder, and a crime partner is killed by the potential victim, the surviving crime partner can be charged and convicted of first degree murder, and even Special circumstances murder in California. All under the felony murder rule.

It can be depending on the felony.

In one of those cases yes, and it was a special circumstances case where the individual convicted was sentenced to life without the possibility of parole.

You seem to be amazingly ill informed about California Law, even for somebody posting from wherever it is in the Pacific you are posting from.

Not necessarily.

Jamming

Not necessarily.

Not necessarily

I suggest you familiarize yourself with the California Penal Code Sections 187-199. Particularly section 189 where you will find this:

"All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree."

Note these included words: "..., or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree."

So get back to us once you actually know what you are talking about.

Not quite. Davis was charged with Conspiracy to commit murder, & kidnapping when the guns used in the Marin County Court House, kidnapping & murder case were traced back to her. She was eventually brought to trial and was acquitted by an all white jury which basically held that purchase of the weapons was insufficient evidence to obtain a conviction, or to show that she was responsible for the plot.

That whole saga started with the "Soledad Brothers" case.

But not with FIRST DEGREE murder.

From the legislation and what has happened in court, the only place that matters on that.

It can not be first degree murder unless there is intent and is wilful and premeditated with malice aforethought.

Separate matter entirely.

You're wrong.

Felony murder is not the same thing as first degree murder.

Only if there is all of intent, wilful and premeditated with malice aforethought

That is not the one I made the comment on at the top and you claimed was first degree murder in California. It isnt.

and it was a special circumstances case

Irrelevant to whether the one I brought up is first degree murder. It isnt.

You can't even manage to work out what is being discussed, whether the situation I brought up is FIRST DEGREE MURDER.

Yes, its certainly true that a particular murder can be both first degree murder and felony murder. The one I brought up is not first degree murder tho.

I already did that thanks, long before you ever showed up.

That does NOT say that the death that I brought up is first degree murder.

Thanks for that proof that your comment was just plain wrong.

You've just proven that I do. Thanks for that.

Check your history books. Angela Davis was charged with aggravated kidnapping and first degree murder in the death of Judge Harold Haley, along with conspiracy to commit murder and kidnapping.

What legislation, and what cases specifically?

Where did you get that?

yup! but it still counts.

Just how did you become an expert on California Law?

It can be.

You say that enough times you might believe it.

If you are referring to the cell phone blocker's actions resulting in a death, that is going to depend on how they charge the blocking of cell service, and the circumstances of any related death. That is a hypothetical anyway.

What exactly did you bring up?

I know very well what constitutes first degree murder, second degree murder, special circumstances, how the felony murder rule is applied, what voluntary and involuntary manslaughter are, along with a whole bunch of other stuff you wouldn't know about in the California Penal Code.

Are we slowly gaining a bit of understanding?

...and you know this, how?

Jamming

cellphone

...and yet you remain so very wrong.

Actually you don't have a clue. Now where was it you said you lived, and how long have you been a legal professional in California?

Nope, the first comment I made at the top.

that is going to depend on how they charge the blocking of cell

The first comment I made at the top.

You clearly don?t when you got it completely wrong about first comment I made at the top.

Nope, just agreeing with you on that particular point.

You proved that with the quote on what the law says about that.

You just proved that I am not.

You just proved that I do.

The law you cited says very explicitly indeed that the death I mentioned in my first comment is second degree murder.

On 2014-11-23 03:45:08 +0000, "290jkl" said:

For some reason you snipped my final question in my last post, or you just don't want to answer it.

To help you recall, here is what I asked: "Now where was it you said you lived, and how long have you been a legal professional in California?"

...and for the record I live in California.

Because it is completely irrelevant to what was being discussed when you proved with that quote of the law that what I said originally about a particular death being not first degree murder.

-- Marketing

- Starting in 1998, Holiday Inn Express started an ad campaign called "Stay Smart"

- ads that featured ordinary people achieving superior feats, such as averting a

- nuclear disaster or performing like rock stars. When questioned on whether or

- not they are professionals, they reply "No, but I did stay at a Holiday Inn Express,"

- attributing their skills to their stay there. These ads have received positive reviews,

- and have been so successful they have crossed over into popular culture, being

- features in late night comedian jokes and political cartoons.

Depends a little on the state but generally it can be under very specific circumstances. The death penalty may not be imposed if the defendant is merely a minor participant and did not actually kill or intend to kill. However, the death penalty may be imposed if the defendant is a major participant in the underlying felony and "exhibits extreme indifference to human life". It would stand to reason that if a person intends to commit a felony and in within that felonious situation opens fire and hits someone, they would have exhibited an extreme indifference to human life even if the intent was just to get people to duck and buy some time to get out.

So, for example, if the jammer was being used by a crime participant IN ORDER TO order to deter reporting or response...

Depends, obviously on the facts in the particular case, but if they were using jamming equipment for that purpose and there was a death because cell or maybe the ambulance radio wouldn't work, I could see how a prosecutor might argue that jamming cell phone frequencies might exhibit extreme indifference to human life.

Yes, there have been a few like California that have utterly mangled the original distinction between first and second degree murder.

but generally it can be under very

The penalty is an entirely separate issue to whether the murder is first or second degree murder. There is no automatic death penalty with all first degree murder and very few states even have a death penalty anymore.

It would stand to reason that if a

Sure, but that is an entirely separate matter to the difference between first degree and second degree murder and manslaughter etc.

Well since the part I was replying was under what circumstances felony murder could be used to make it a capital offense, I have no idea why the degree is an issue.

You are obviously involved in a different part of the discussion than I am.

And manslaughter.