Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

[Gary and Alla 3,694]

There is a scenario in which 1st degree murder would apply and I believe this is where the jury got hung.

First-degree murder involves premeditation, but the very definition of premeditation, in the legal sense, is not all too clear. In the classical sense, it is easy to understand it: You buy a gun for the purpose of killing someone and carries it through. In the case of Dunn, it is quite clear he did not leave his home with the intention of shooting anyone but the moment he pulled out his gun to shoot the unarmed kid, premeditation took place. He was not in a fight, defending himself, nor can he claim anything other than he had a gun, the other guy didn't, and he decided to prove his point in the worst possible way. A prosecutor can make the case that the moment Dunn went to his car and pulled out his gun, premeditation attached. He was not in imminent danger, nor was he being attacked. Many consider that premeditation, as evidenced by the jury.

And they used this contorted interpretation to justify the charge to appease racially motivated people. They also know they have to convince a jury of 12 people (not 6 since it IS first degree murder) unanimously of this contorted nonsense. And they all come from Florida.

A charge of 2nd degree homicide would have had a jury of 6, not twelve, and would have been a slam dunk. It was also sure to cause a near riot among racial haterz so they went the other way. Ridiculous.

[JohnR! 5,495]

This, exactly. There was no requirement for the prosecution to enter into evidence pages from Dunn's journal reading "Dear Diary, tomorrow is when I'll finally be carrying out my long standing plans to shoot a black kid." to prove premeditation. Like the prosecutor said over the weekend, there is no time frame for premeditation.

I believe the prosecution will use the mistrial verdict as a means to ensure a tougher sentencing. We now have a homicide on the account of speaking during the previews at the movies and listening to loud music in public. Way to go!

[sandinista! 1,816]

from my understanding the jury had the ability to convict on 2nd degree or manslaughter and they chose not to convict on those counts. They had options.

She charged first degree with second degree and manslaughter as lesser included charges.

Is that inaccurate?

[sandinista! 1,816]

Am realizing now that I'm totally parroting what other people have already said in the sex club thread. Serves me right for thinking I could take a pass on the sex club thread. Note to self, always read sex club threads first.

[Gary and Alla 3,694]

This, exactly. There was no requirement for the prosecution to enter into evidence pages from Dunn's journal reading "Dear Diary, tomorrow is when I'll finally be carrying out my long standing plans to shoot a black kid." to prove premeditation. Like the prosecutor said over the weekend, there is no time frame for premeditation.

There is no requirement for the prosecution to enter anything into evidence. Unless they want a conviction. If I had made such a foolish decision I may try to make statements such as the prosecutor did in order to keep my job.

There IS a requirement that 12 people agree that is what happened. There is little question he murdered someone and no question that it was "justified" but there certainly can be a question it fit the description of "premeditated"

There is no requirement the jury consider other charges than what he was tried for and that, again, has to be unanimous. They went for all the marbles and lost. He will now be sentenced for a mich lesser crime and be eligible for parole much sooner.