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BroncoBob
04-29-2009, 1:52 PM
This may help convict more bad guys which I'm for.

http://www.foxnews.com/story/0,2933,518380,00.html

WASHINGTON The Supreme Court says accidentally shooting a gun during the commission of a crime should bring the same penalties as intentionally using a firearm.

This came as the high court on Wednesday upheld the conviction and sentence of Christopher Michael Dean, who was arrested for trying to rob a bank in Rome, Ga., in 2004.

A gun went off accidentally during the attempted robbery when Dean tried to switch the weapon from one hand to the other.

The discharge brought an automatic 10-year sentence for firing a weapon during a crime. Dean appealed, saying the automatic sentence shouldn't count since the firing of the gun was accidental.

Federal prosecutors said the law doesn't care why the gun went off, and the high court agreed.

jrcarr2
04-29-2009, 1:56 PM
That's pretty sensible.

I liked this statement from Roberts:

If criminals want to avoid the penalty for accidental gunfire, they can "lock or unload the firearm, handle it with care during the underlying violent or drug trafficking crime, leave the gun at home or — best yet — avoid committing the felony in the first place," Roberts said.

DDT
04-29-2009, 2:22 PM
I wonder if the same applies to Police NDs on school grounds..... reminds me of a youtube video...

joe_sun
04-29-2009, 2:39 PM
I'm there with you DDT. I remember back in the 90s a case where a cop accidentaly shot and killed an innocent and the bad guy was charged with the murder.

DDT
04-29-2009, 3:04 PM
I'm there with you DDT. I remember back in the 90s a case where a cop accidentaly shot and killed an innocent and the bad guy was charged with the murder.

That's different. If there is a bad guy involved his feloneous behavior caused the response from the cops and so **** flows downhill. I was referring to a video of a cop literally shooting himself in the foot during a "safety" demonstration to a classroom full of kids.

jrcarr2
04-29-2009, 3:09 PM
That's different. If there is a bad guy involved his feloneous behavior caused the response from the cops and so **** flows downhill. I was referring to a video of a cop literally shooting himself in the foot during a "safety" demonstration to a classroom full of kids.

He wasn't committing a crime during that video unless you count hubris.

DDT
04-29-2009, 3:11 PM
He wasn't committing a crime during that video unless you count hubris.

Oh but I do... Isn't discharging a gun a crime in most incorporated cities? I don't know exactly where he was.

jrcarr2
04-29-2009, 3:16 PM
I agree on the hubris. How often are negligent discharges prosecuted? Now, I personally think, and hope he was kicked to the wind after that fiasco. A friend of mine is a cop, after his class graduated the academy, one of his classmates got drunk and discharged her firearm. Needless to say she is no longer a LEO.

What I meant, he did not discharge the firearm during the commission of a crime like the guy in the SCOTUS case. Therefore, any automatic sentance would not apply like it did for the other guy.

Kid Stanislaus
04-29-2009, 5:15 PM
I like the law that sez if ANYBODY gets killed when two or more felons are committing a crime then ALL the criminals involved are equally and fully responsible for the death.

MP301
04-29-2009, 10:23 PM
If anyone gets killed in the commision of a felony in Ca, the BG's get charged with murder...even if its one of the BG's that is darwinated...good law

BillCA
04-29-2009, 11:03 PM
The purpose of using a gun (or a knife, sword, etc.) in a robbery is to put the victim in fear for their life. It doesn't matter if the gun is loaded or unloaded or whether it went off accidentally or to demonstrate a point. If you wanna be a big bad criminal, don't whine about the time you get for being stupid enough to commit the crime in the first place.

This is like the robber who uses an empty gun or a toy gun he makes look realistic complaining about being shot. Sorry Charlie, you put yourself in that position.