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The Water Cooler
General Discussion
West Norman shooting yesterday; shooter was CLEET instructor
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<blockquote data-quote="Snattlerake" data-source="post: 4231830" data-attributes="member: 44288"><p>In college, I took Criminal Law and Murder First Degree was:</p><p></p><p>1 The unlawful killing</p><p>2 of a human being</p><p>3 by the accused</p><p>4 with malice aforethought.</p><p></p><p>The accused has the burden of proof that the defensive force used was necessary and was legally justified to provide immunity to prosecution.</p><p></p><p><strong>Self Defense</strong></p><p></p><p><em><strong>a person is justified in using deadly force in self-defense if that person reasonably believed that the use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm</strong>.</em></p><p></p><p>The state has the burden of proof to provide evidence of Malice aforethought that deliberate intent existed in the mind of the defendant to take a human life.</p><p></p><p><em><span style="font-size: 22px"><span style="font-family: 'times new roman'">“Malice aforethought" means a deliberate intention to take away the life of a human being. As used in these instructions, “malice aforethought” does not mean hatred, spite or ill-will. The deliberate intent to take a human life <strong>must be formed before the act and must exist at the time a homicidal act is committed</strong>. No particular length of time is required for formation of this deliberate intent. <strong>The intent may have been formed instantly before commission of the act. </strong>(See <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=81116" target="_blank">Oklahoma Uniform Jury Instruction CR-4-62</a>)</span></span></em></p><p><span style="font-size: 15px"><span style="font-family: 'arial'">I think it will be reduced to Felony Murder which is regardless of malice.</span></span></p></blockquote><p></p>
[QUOTE="Snattlerake, post: 4231830, member: 44288"] In college, I took Criminal Law and Murder First Degree was: 1 The unlawful killing 2 of a human being 3 by the accused 4 with malice aforethought. The accused has the burden of proof that the defensive force used was necessary and was legally justified to provide immunity to prosecution. [B]Self Defense[/B] [I][B]a person is justified in using deadly force in self-defense if that person reasonably believed that the use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm[/B].[/I] The state has the burden of proof to provide evidence of Malice aforethought that deliberate intent existed in the mind of the defendant to take a human life. [I][SIZE=6][FONT=times new roman]“Malice aforethought" means a deliberate intention to take away the life of a human being. As used in these instructions, “malice aforethought” does not mean hatred, spite or ill-will. The deliberate intent to take a human life [B]must be formed before the act and must exist at the time a homicidal act is committed[/B]. No particular length of time is required for formation of this deliberate intent. [B]The intent may have been formed instantly before commission of the act. [/B](See [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=81116']Oklahoma Uniform Jury Instruction CR-4-62[/URL])[/FONT][/SIZE][/I] [SIZE=4][FONT=arial]I think it will be reduced to Felony Murder which is regardless of malice.[/FONT][/SIZE] [/QUOTE]
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