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LostinSEA

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Posts posted by LostinSEA

  1. 18 minutes ago, GroveHillWanderer said:

    No, it only applies if the applicable statutes say it applies. Different state laws (and federal laws) have different lists of what crimes can trigger a charge of felony murder but  generally speaking it is limited to being engaged in serious crimes such as robbery, rape, arson, burglary, felonious escape, terrorism, kidnapping and carjacking. 

     

    Mere possession, or accidental discharge, of a firearm would not be grounds for using a charge of felony murder in any US jurisdiction as far as I can tell. 

    Where I live, possession will get you life in prison, discharge will get you the death penalty (irrespective of whether anybody is hurt or not) ...  But hey, god bless the 2nd amendment... 

     

     

     

     

  2. 12 minutes ago, ilostmypassword said:

    That is a special case and not universally applied. It's not Federal Law.  It has to do with people committing armed robbery and such. And it has nothing to do with this case unless you believe in the absurdity that since killing someone is a felony therefore anytime you kill someone you are committing 1st or 2nd degree murder. In other words, by that application all manslaughter would qualify as 1st or 2nd degree murder. Which would get a prosecutor laughed out of court. 

    Ahh, so it only applies if somebody decides it applies...

     

    I'll say no more (My original post was to ask a question & now I have the answer... US Law is exactly the same as Thai Law... IT DEPENDS"...

     

    And you're being ridiculous with your example... If (heaven forbid) I killed somebody during a genuine accident that's nothing like me picking up a gun and discharging it... the qualifier is during the commission of a crime...

     

    So If I was driving Drunk/Under the Influence of Drugs then yes, I could be on trial for murder, If I was innocently going about my business caused a fatal accident then no... But I would expect to be under that lens.

     

     

     

  3. 7 minutes ago, ilostmypassword said:

    Why is that obvious? Try googling first degree murder and second degree murder. You'll be disappointed.

    Try Googling "Death during the Commission of a Felony", it might open your eyes... 

     

    I'll quote from the Top google result...  http://dictionary.law.com/Default.aspx?selected=741

     

    felony murder doctrine

    n. a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over a store clerk, killing the clerk. Even if the death were accidental, all of the participants can be found guilty of felony murder, including those who did no harm, had no gun, and/or did not intend to hurt anyone. In a bizarre situation, if one of the holdup men or women is killed, his/her fellow robbers can be charged with murder.

     

  4. Just now, ilostmypassword said:

    But there isn't such a law. Moreover, the defendant was tried under California State Law, not Federal Law. In most cases homicides don't fall under Federal Purview in the USA.

    Obviously there is such a law, but maybe it doesn't apply in California (again, I'm from the UK (England) where the whole country would be swallowed up by most, if not all, of your states so we have no concept of the Law being any different in any part of the Country) 

     

  5. 25 minutes ago, ilostmypassword said:

    Really? First degree murder? So you think the murder was premeditated?

    Second degree murder requires "malice aforethought". Any evidence for that?

    Manslaughter would be the appropriate charge but it looks like politics got in the way.

    To be fair, I made no comment on the judgement or the guys guilt/sentence but simply a  comment / question on... 

            A= "If somebody dies as a result of your criminal activity it's 1st or 2nd degree murder"

            B= "Somebody died as a result of your criminal activity"

     

    If the guy has been convicted (B) on a criminal charge, how come A) didn't come into play...

     

     

     

     

     

  6. 1 minute ago, ilostmypassword said:

    No, you're wrong. If there was no intent, whether long or short term, it would be a lesser charge like manslaughter.

    As my 1st post (hopefully) clearly said, I thought there was a US law that said if somebody dies as a result of you committing a crime you would be guilty of 1st or 2nd degree murder (obviously judged on the Intent).

     

    So if you rob a store, fire you're weapon to 1 side and hit an innocent person... Murder (1st or 2nd).

    Pick up a gun & discharge it & somebody dies (ricochet or not) - Murder... (1st or 2nd).

     

    As I said, where I live picking the gun up will get you life in prison, discharging it (even straight up in the air) will get you the death penalty... Funny how you never hear of gun (or knife) crime here... 

     

     

     

     

  7. 2 hours ago, lannarebirth said:

     

    Normally with murder charges there are degrees of intent to commit murder. First degree (pre-meditated), Second degree (intentional but not premeditated), Manslaughter (voluntary but not pre-meditated), and involuntary manslaughter. Many times charges will include instructions to the jury that if they cannot find the defendent guilty of the charge in question they may consider and return a verdict on the lesser charge. I can only imagine that that instruction was not given in this case. Even the defense's theory of the case should have led to an involuntary manslaughter conviction IMO.

    Sorry, I disagree... the law seems very clear that if somebody dies as a result of you committing a (any) crime it's murder (1st or 2nd degree).

     

    Obviously I'm wrong, as this case has shown, but suspect politics & not the Law swung the verdict (hey, I'm a Brit, living in Singapore for the past decade so have no dog in this game & far too much politics to deal with around Brexit,  so will bow out now....)

     

     

  8. 1 hour ago, Bluespunk said:

    The courts, going on evidence and the rules of law, judged him accordingly. 

     

    If the prosecution has a problem with the verdict then they can appeal. 

     

    It is not the role of trump to rant on twitter because the verdict does follow his agenda. 

     

    Mind, it’s not his role to post the fabricated videos of facist groups on twitter, but he does that as well...

     

    I agree with your comments about it's not Trumps place to get involved and at best he's doing the prosecution no favours, but like I said there seems to be a fair case for a Murder verdict (1st or 2nd Degree) by the fact that he was committing a crime by picking up the gun when the (Let's not forget) innocent young lady was killed (murdered).

     

    Hey, I've lived in Singapore for the past 9 years, the guy would have been dead already here just for the fact the gun went off (Whether it hit somebody or not).

     

     

     

  9. 1 hour ago, Bluespunk said:

    Yes, how dare the court adhere to the rules of law and actually base a verdict on the evidence. 

     

    Was it not aware this person is a filthy foreigner who has no rights. 

     

    Surely the court realises the thoughts and prejudices of the grand poobah of trumptopia are of more importance than judicial process. 

     

    (Sarcasm alert)

    I'm from the UK so don't know the laws in the US but thought that if you killed somebody (even by accident) whilst committing a crime it was considered murder.

     

    Quick Google brings back "Death during the Commission of a Felony"... https://www.lawyers.com/legal-info/criminal/criminal-law-basics/murder-during-the-commission-of-a-felony.html  so surely either the guy is completely innocent of all charges or guilty of murder...

     

     

  10. 3 hours ago, mstevens said:

    With regards to opening a bank account in Singapore, a friend of mine tried to do just that last week and was turned down at each bank he visited (not sure how many he tried at, but gather it was a few).  He was visiting Singapore as a tourist and is not nor has he ever been a resident or worked there - which may or may not have had something to do with it.

    Lol, would your friend try to open a bank account in the UK, US or almost every other country in the world if he was just visiting as a tourist (in fact, Thailand is the only country I can think off that allows people to open a bank account whilst visiting as a tourist & even this is changing / becoming more difficult).

     

    If you're none-resident in Singapore then your options are limited to International accounts, tell your friend to check out the Citibank IPB account https://www.ipb.citibank.com.sg/english/forms/english/open-an-IPB-account/open-an-ipb-account.htm?lid=IPBENCBGUAMITLGlobalAccount

     

  11. 2 hours ago, NanLaew said:

    ...so says someone who hasn't tried to export a single Filipina. Since the OP's partner has already run that gauntlet, claiming she'll be back in a couple of months and 'done a runner', they will now never trust her again, so not an option unless they want to make a go of things in PI which by their actions, isn't their plan.

     

    Mind you, spontaneous pregnancy wasn't in their plan either so best to try and help them the best way we can. 

    I've taken my Filippina GF (of 7.5 years) out of the Philippines many (approx 20) times and the last time (7th October) I did have to sign an affidavit saying I would be responsible for her & wouldn't allow her to become a burden on the country she was visiting but I think this was because the last time she accompanied me out of the PI was November 2015 & she ended up spending 9 months travelling & staying with me in Singapore - She's heading back to visit her Family on the 22nd November (originally planned to go back on 11th October but I managed to get some time off work to travel to Vietnam) so we'll see what happens when she leaves the PI with me again after Christmas. 

     

    It has got even stricter recently with lots of her friends [All departing via Davao] saying that their partners had to sign the same form, but by the same token, I know of 2 Filipinas who went on trips to Thailand [Each travelling on her own & departing from manila] with no questions/problems.

     

     

    OP: You're unlikely to have any problems with your GF leaving the PI again, especially if you're married or have plans to do so (and if you do have plans, PI is one of the cheapest places to get married).

     

  12. It depends on what kind of location you go to, my personal view (after having visited all but the Thai rural location)...

    1. Capital City - Bangkok is much safer than Manila
    2. "Monger" City - Pattaya is safer than Angeles City
    3. Beach - Boracay is head and shoulders safer than Phuket
    4. Major City - Davao is much safer than Chiang Mai
    5. "Boonies" - Same Same, typically very safe to go if you're visiting with a "Friend"

     

    YMMV

     

  13. On 09/11/2017 at 10:28 AM, doggie1955 said:

    If I had to pick one place in the P.I. it would be Cebu...But I think you should look at Vietnam or Cambodia first.

    I love Cebu (but not Cebu City so it would be somewhere on the coast between CarCar & Oslob or on the other side of the Island around Moalbol) but I prefer Davao (somewhat biased as my GF of almost 8 years is from there but in general it's much more laid back & "Normal" than Cebu though that is changing rapidly as more "Poreigners" start to visit)

     

    Just got back from a trip to Hanoi, wow the place blew my mind... what a lovely city & people, it would be very easy to see myself living there plus it's very cheap to do so... Only challenge is I don't know if the Visa situation is as easy as Thailand, Cambodia or the Philippines.

     

     

  14. On 03/11/2017 at 11:13 AM, BernieOnTour said:

    I would subscribe to most of what you wrote, but that one -sorry- is a only a public myth.

     

    Their whole value system, their believes and their behavior is decidedly Asian. And that in a very specific Filipino way.

    The "westerness" is only a thin veil, covering their deep Asian-Filipino "culture". (Real Culture is btw. something they -different to Thailand- are totally missing. Their history is just a bunch of independent, unrelated clans/tribes fighting each other, sometimes headhunting until 1920.)

     

    "and English is their second (or sometimes first) language."

    IMHO that advantage, if it ever existed, is deminishing. For 99% of the Filipinos, English is not their first language. Their local dialect is their first language. When they start to attend school, they learn the official Filipino (which in essence is the Tagalog dialect). In parallel, they start to learn English. Unless they pay for a private school, the governmental education is lacking. As a result, outside of big cities, you will meet a lot of Filipinos, who cannot really communicate in English... just check some of the dating websites, and you will notice, how good their English "abilities" are.

    In Thailand, especially in the bigger cities, things have changed a lot. Especially the better educated, younger generation is able to communicate quite well in English... of cause, if one is concentrating on those Isaan rice farmer daughters (with the average Isaan IQ of 86) in the redlight districts - well, that's another question.

    In my GFs case, English is her 3rd Language... 1st is Bisaya (local dialect of the Visaya Islands), then Tagalog (quite different in a lot of ways) & then English and it's notable how much her English diminishes after spending a month or 2 back home visiting her family (Mother & Father speak next to no English but in general she'll spend the whole time conversing in Bisaya as you would expect).

       

    If I here "ano" (what's that) while she tries to remember the English word 1 more time I'll scream!!! 

     

    On 03/11/2017 at 11:19 AM, steven100 said:

    The Philippines is crap ....   you can have it all. :shock1:

    Apologies if this isn't the case, but if you're saying that on the basis of having once visited Angeles City then I'd say you've only technically visited the Philippines (have the stamp in your passport), but you've never actually visited the Philippines - Go to Coron in Palawan & see what the Philippines is really like.   [NB Don't want to start a Philippines is better than Thailand debate, as I've repeated said if I had to choose 1, it would be Thailand every time]. 

     

     

  15. Sorry, I can't help you with personal recommendations as I'm in still in the "Research" phase myself, so following this & the other threads with interest.

     

    I was looking at the all-on-six approach... https://www.dentaldepartures.com/all-on-six/ ... & leaning towards using IDC in Bali to have it done.  Not only do they have an excellent reputation for doing implants but they're also cheaper than most places (even Thailand).

     

    I've also read about people going to India to have it done, don't fancy that personally... 

     

    Good Luck and please do update the thread with your findings/experiences 

     

  16. On 23/10/2017 at 3:28 PM, LongTimeLurker said:

    Internet, mobile 'phone and data, satellite / cable TV are all cheaper in VN also

    They're also cheaper (& faster/better) in Singapore & more expensive (& slower worse) in the Philippines... 

     

    But HCM does look a lot cheaper than Bangkok... https://www.numbeo.com/cost-of-living/compare_cities.jsp?country1=Thailand&country2=Vietnam&city1=Bangkok&city2=Ho+Chi+Minh+City

     

    [Apologies, URL doesn't seem to be pasting well but you can compare the cost of living in 2 Cities at https://www.numbeo.com/ ]

     

  17. 16 hours ago, bazza73 said:

    Having holidayed in Vietnam a couple of years ago, I can understand why some of us find it attractive. I really liked Danang and Dalat.

    I understand quite a few retirees are finding Vietnam's visa regime less onerous than Thailand's 800,000 baht/ 65,000 baht/month retirement visa system. Perhaps you could enlighten us further.

    One thing I did find bewildering - Vietnam is a Communist country. Yet the police and army presence is scarcely visible. The police and army are ubiquitous in Thailand, and it's supposed to be a democracy.

     

    I would also love to hear about the Visa situation in Vietnam, it used to be really onerous but I believe it's got much better nowadays.

     

    Well at least I hope it has, I'm expecting Visa Exempt when I get to Hanoi on Nov 4th but still remember my 1st (2008) attempt at a visit there when I was denied check-in at Changi & had to switch to a flight to Phuket

     

  18. 2 hours ago, bazza73 said:

    Mine was a joke too, which obviously went straight through to the wicketkeeper. Don't worry, happens a lot to English batsmen when they are facing Australian fast bowlers.

    Sorry too many Aussie XXXX last night (OK so I was actually on the Pure Blonde... a lovely tipple :wink:).

     

    Peace Bro :)

  19. 1 minute ago, wakeupplease said:

    A long way from there London but spent 2 years on an investigation there Fallows 2 was the name of the club with Mr C in Warrington, Kiss I think In Aintree,> Gold/Fallows2 was down the Warrington road past the ford plant on right then on to a big housing estate on left called I think Speak. Yes at 51 you maybe a bit young to remember it, but you did not miss much. Keep well.

    happy Days :)... 

  20. 7 minutes ago, MaeJoMTB said:

    Brexit will never happen, because none of the negotiators want it to happen.

    The EU don't want the UK to leave, the Conservatives and Labour party don't want to leave.

    Unless  there is an election that elects a majority of MPs that want to leave, it will never happen.

    Just constant delays, and endless negotiations, which are probably more damaging to the UK than either staying or leaving.

     

    Didn't the EU originally say hard exit 2 years from notification if no  agreement reached.

    You don't hear that being said any more.

     

    Anyway, if I were in charge of Brexit, I would have already introduced conscription, and be arming the British forces ready for war with Europe.

    "Brexit Won't Happen"... You have any money you'd like to bet on that...

     

    Brexit is a foregone conclusion, only thing that remains to be seen is how bad it is...

     

     

    Then again, you can't teach stupid... 

     

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