Legal question

AllAboutTheBenjamin · July 2012

Guys I just read that the Colorado theater shooter is being charged with 24 counts of murder (along with over a hundred other counts for other things).

If only 12 people died though how can that be 24 counts? Is like pre-meditated murder and murder in the first degree or what?

cheeseandrice · July 2012

I wondered the same thing. I know at least one woman who was shot was pregnant and has miscarried, but that still doesn't add up to 24.

Starmusica · July 2012

looking it up... brb

musicalsunlight · July 2012

Is it 24 counts because of the attempted murder charges? That would be my best guess.

AllAboutTheBenjamin · July 2012

No the article I read says 24 counts of murder.

First degree murder

http://news.blogs.cnn.com/2012/07/30/what-charges-will-colorado-movie-theater-shooting-suspect-face/

AllAboutTheBenjamin · July 2012

OH in reading more in that article (the first article I read didn't say why) I guess he is being charged twice for every murder victim.

From the article:

There are three different classes of murder charges in the state of Colorado. One set of charges is because Holmes is accused of shooting after deliberation, referring to the planning of the attack. The second set of charges is because he is accused of having an attitude of universal malice, manifesting extreme indifference to the value of human life.

musicalsunlight · July 2012

Oh a CNN article explains that it is 2 counts of murder for each victim that has died.

ZombieNates · July 2012

And I think it said 116 counts of attempted murder, right?

Starmusica · July 2012

ok- it looks like he was charged with two alternate types of murder. Homicide charges differ state to state- states have different requirements for different homicide levels. In this case, according to ABC, each death carried 2 counts- one for premeditation and one for extreme indifference. So he could be found guilty based on premeditation, or in the alternative, for showing an extreme indifference to human life. I am not sure if he can be found guilty of BOTH for each person- I am not familiar with the Colorado criminal code.

Further, it's likely that these counts have something to do with the possibility that the prosecution will seek the death penalty. I imagine they need premeditation for that.

**the above does not constitute legal advice*** (have to guys).

musicalsunlight · July 2012

So yeah one count would be for the premeditated aspect and then the second for his malice or extreme indifference to human life. Interesting way for CO to do their statutes but whatev.

Starmusica · July 2012

lol AATB beat me to it

kaos16 · July 2012

It looks like 116 counts of attempted murder too.

Although laws differ in each state, defendant are often charged with multiple counts for the same act under different theories.

Think of a DWI for instance. . . . a person may be charged once based on the officer's observations and once based on a BAC. So you have one person who drove drunk one time and is facing 2 charges for it.

With murder, he could be charged as to each victim because he intentionally killed them, and perhaps charged with a separate count because of the extreme manner in which he killed them.

Again, each state is different, and none of what i'm saying here constitutes legal advice in any way (disclaimer time

) but that's my gut instinct

Starmusica · July 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_legal-question?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:c8a1e680-6fe8-4146-b8aa-42861e378019Post:7ad2b040-1c4f-4e44-88de-3b271d9185b0">Re: Legal question</a>:
[QUOTE]It looks like 116 counts of attempted murder too. Although laws differ in each state, defendant are often charged with multiple counts for the same act under different theories. Think of a DWI for instance. . . . a person may be charged once based on the officer's observations and once based on a BAC. So you have one person who drove drunk one time and is facing 2 charges for it. With murder, he could be charged as to each victim because he intentionally killed them, and perhaps charged with a separate count because of the extreme manner in which he killed them.<strong> Again, each state is different, and none of what i'm saying here constitutes legal advice in any way (disclaimer time ;)) but that's my gut instinct</strong>
Posted by kaos16[/QUOTE]

glad I am not alone with the disclaimer :) I've thought about just making it my siggy :-P

kaos16 · July 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_legal-question?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:c8a1e680-6fe8-4146-b8aa-42861e378019Post:42d526a3-54af-4ed0-8e11-e2c876d34541">Re: Legal question</a>:
[QUOTE]ok- it looks like he was charged with two alternate types of murder. Homicide charges differ state to state- states have different requirements for different homicide levels. In this case, according to ABC, each death carried 2 counts- one for premeditation and one for extreme indifference. So he could be found guilty based on premeditation, or in the alternative, for showing an extreme indifference to human life. I am not sure if he can be found guilty of BOTH for each person- I am not familiar with the Colorado criminal code. Further, it's likely that these counts have something to do with the possibility that the prosecution will seek the death penalty. I imagine they need premeditation for that. **the above does not constitute legal advice*** (have to guys).
Posted by Starmusica[/QUOTE]

looks like I type way to slow!!!!

musicalsunlight · July 2012

Yeah I bet you're right star. I imagine the premeditated part is what makes the DP an option. Though I think they also consult with victims families also about whether they pursue it after he is convicted.

Starmusica · July 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_legal-question?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:c8a1e680-6fe8-4146-b8aa-42861e378019Post:36a61def-dcbf-440f-abf3-cf717918704a">Re:Legal question</a>:
[QUOTE]Yeah I bet you're right star. I imagine the premeditated part is what makes the DP an option. Though I think they also consult with victims families also about whether they pursue it after he is convicted.
Posted by musicalsunlight[/QUOTE]

yeah I think so too. I may have seen an article already saying some of the families are split on this. I think. Could be imagining that though.

ZombieNates · July 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_legal-question?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:c8a1e680-6fe8-4146-b8aa-42861e378019Post:9120582f-5d55-454a-9835-dc42225086f2">Re: Legal question</a>:
[QUOTE]In Response to Re: Legal question : Where are you reading this? I can't find it. Is this because there were 116 people in the theater? And AATB, I was wondering the same thing, so thanks for posting this.
Posted by edielaura[/QUOTE]
It's in all the articles I found--I just googled "Why 24 counts of murder" and it came up. There were 58 people in the theater, IIRC.

musicalsunlight · July 2012

I believe it. Not everyone feels the pure vengeance thing so I can understand feeling mixed about it. I can't imagine being in that position.

LDYGTR13 · July 2012

Only 58 people in the theatre? That'd be a really small theatre...

What about the people in the adjoining theaters who were shot through the walls? (There weren't many, but there were some)...would those be included?

cheeseandrice · July 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_legal-question?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:c8a1e680-6fe8-4146-b8aa-42861e378019Post:06ea4b7e-2fd7-4c46-a834-1ec618179e37">Re: Legal question</a>:
[QUOTE]In Response to Re: Legal question : It's in all the articles I found--I just googled "Why 24 counts of murder" and it came up. There were 58 people in the theater, IIRC.
Posted by ZombieNates[/QUOTE]

There were 58 people injured, but I'm guessing way more were IN the theatre. I'm surprised they didn't charge him for everyone that was sitting in the theatre too.

ZombieNates · July 2012

True, 58 injured makes more sense. In any case, I guess that's where the 116 comes from.

kaos16 · July 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_legal-question?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:c8a1e680-6fe8-4146-b8aa-42861e378019Post:98edfdcf-179f-4b7a-9da5-543caf8f1b96">Re: Legal question</a>:
[QUOTE]In Response to Re: Legal question : glad I am not alone with the disclaimer :) I've thought about just making it my siggy :-P
Posted by Starmusica[/QUOTE]

We spent a lot of time, work and money for our licenses. . . . we need to protect them!

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