irishmartin
Active Member
- Joined
- Jul 21, 2017
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The technicalities of criminal trial requires two factor one the doing of the crime and secondly the mental aspect of the accused. Motive does not form any part of the technicalities but it’s nice to have it for a jury to show that if fits into a pattern that could be the setting of the prior mind-set of the accused. Juries very often just read into only what is superficial looking for a motive.
The physical aspect of the crime is the dead victim in this case in an overkill.
The mental aspect is of intention (specific intent for murder) is simply did the accused intend to kill the victim or inflict really serious injuries. In Ireland there is only one type of murder and this does not require a pre-planned schedule but what was their mind-set at the actual time of the assault. NC law requires for 1[SUP]st[/SUP] degree murder that there needs to be a longer pre-planned schedule but for 2[SUP]nd[/SUP] degree it’s similar to Ireland in that respect did the accused intend to kill the victim at the time of the assault or did the intend to inflict really serious harm.
For the defense the question of DV has not being raised so it’s not an issue.
The only defense is that of “self-defense”. But as so often pointed out here that puts the accused on the elucidation of their actions and a close examination of the crime to be accepted as a valid defense.
Joint Criminal Enterprise of a common purpose. With joint enterprise all are equally guilty for criminal conducts whatever the purpose of their criminal enterprise. All are equally guilty irrespective who pulled the trigger if they engaged in a criminal enterprise. In Ireland for murder its mandatory life whereas there is discretion in NC law for 2[SUP]nd[/SUP] degree. Don’t know enough about NC to comment on its sentencing policy for murder but in Ireland what is a primary factor in sentencing outside of murder which is mandatory life is their past criminal history of the accused. Just I hit him once or I only held him while the other accomplices did the killing has no effect as a defense. As for MM there has being substantial evidence that MM had possession of the brick and forensics indicated blood and scalp tissue therefore it was used as a weapon. From what I understand at the crime scene she eventually stated this to the police after the end of her crying session that she participated in the assault which in turn led to her arrest. TM states he used the bat as a weapon and there were two weapons at the crime scene and both indicate they were used as weapons. If there was no evidence that MM did not use the brick which is not the case one could only conclude with two weapons, two assailant therefore both of the accused used weapons.
The physical aspect of the crime is the dead victim in this case in an overkill.
The mental aspect is of intention (specific intent for murder) is simply did the accused intend to kill the victim or inflict really serious injuries. In Ireland there is only one type of murder and this does not require a pre-planned schedule but what was their mind-set at the actual time of the assault. NC law requires for 1[SUP]st[/SUP] degree murder that there needs to be a longer pre-planned schedule but for 2[SUP]nd[/SUP] degree it’s similar to Ireland in that respect did the accused intend to kill the victim at the time of the assault or did the intend to inflict really serious harm.
For the defense the question of DV has not being raised so it’s not an issue.
The only defense is that of “self-defense”. But as so often pointed out here that puts the accused on the elucidation of their actions and a close examination of the crime to be accepted as a valid defense.
Joint Criminal Enterprise of a common purpose. With joint enterprise all are equally guilty for criminal conducts whatever the purpose of their criminal enterprise. All are equally guilty irrespective who pulled the trigger if they engaged in a criminal enterprise. In Ireland for murder its mandatory life whereas there is discretion in NC law for 2[SUP]nd[/SUP] degree. Don’t know enough about NC to comment on its sentencing policy for murder but in Ireland what is a primary factor in sentencing outside of murder which is mandatory life is their past criminal history of the accused. Just I hit him once or I only held him while the other accomplices did the killing has no effect as a defense. As for MM there has being substantial evidence that MM had possession of the brick and forensics indicated blood and scalp tissue therefore it was used as a weapon. From what I understand at the crime scene she eventually stated this to the police after the end of her crying session that she participated in the assault which in turn led to her arrest. TM states he used the bat as a weapon and there were two weapons at the crime scene and both indicate they were used as weapons. If there was no evidence that MM did not use the brick which is not the case one could only conclude with two weapons, two assailant therefore both of the accused used weapons.
