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Proving the required elements in a criminal case could be a challenge. I’m also looking forward to the civil case against these men. The victim is very young, and it has the potential for very high damages.
Why? If malice is a problem for the jury couldn't they just go with the felony murder charge?
The men will obviously claim self defense, which was the same in our case.
The way the law is in GA, it was explained to us in the jury instructions that if self defense is a valid claim for the malice murder count, then it is also a valid defense for all the lesser counts. This means the discussion in the jury room will likely be similar to our case, and will focus on whether the self defense argument defeats the malice murder count since that is the first one to be considered. If it does then they can't really convict on the lesser counts, unless they just ignore the instructions which is usually unlikely.
However, felony murder is nearly as serious a charge and can also carry the same max sentence (life) as malice murder. So, for including the top level murder charge in GA which is malice murder, it makes the case harder to win while not really increasing the potential penalty in the event of a guilty verdict.
Great news. After months of bs news. Now all we need to do is get these three jackasses prosecuted to the fullest extent of the law and sentenced accordingly.
The men will obviously claim self defense, which was the same in our case.
The way the law is in GA, it was explained to us in the jury instructions that if self defense is a valid claim for the malice murder count, then it is also a valid defense for all the lesser counts. This means the discussion in the jury room will likely be similar to our case, and will focus on whether the self defense argument defeats the malice murder count since that is the first one to be considered. If it does then they can't really convict on the lesser counts, unless they just ignore the instructions which is usually unlikely.
However, felony murder is nearly as serious a charge and can also carry the same max sentence (life) as malice murder. So, for including the top level murder charge in GA which is malice murder, it makes the case harder to win while not really increasing the potential penalty in the event of a guilty verdict.
Ah ok. I personally dont think the self defense argument will fly, so doesnt really matter.
I do think it may be difficult to prove malice so a jury will just be able to deliver a verdict of felony murder if they feel the evidence supports it.
Out of curiosity, why is the guy who filmed the incident from quite a distance away being charged?
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