Jodi Arias #1

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Re: Jodi Arias #1

Post by Chickenbutt on Thu Feb 14, 2013 10:43 pm

Darkman

1st Degree Murder Sentence of death or imprisonment for life or natural life, as determined in accordance
with the procedures provided in §13-752. A person who is sentenced to natural life is not
eligible for commutation, parole, work furlough, work release, or release from
confinement on any basis. If the person is sentenced to life, the person shall not be
released on any basis until having served 25 calendar years if the murdered person was
15 or more years of age and 35 calendar years if the murdered person was less than 15
years of age. A.R.S. §13-751.

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So, she can get Death, Natural life (which menas she will die in prison, or life (which means 25 years). I suspect that the aggravating and or mitigating factors will change that number. If I am reading the statute correctly


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Re: Jodi Arias #1

Post by Chickenbutt on Thu Feb 14, 2013 10:52 pm



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Re: Jodi Arias #1

Post by Chickenbutt on Thu Feb 14, 2013 10:59 pm

Per HLN:
Charges: 1 count of premeditated 1st-degree murder or the alternative of felony murder

Felony murder rule (Arizona)


From Wikipedia, the free encyclopedia


Arizona abolished all common law criminal concepts and replaced them with criminal statutes.[1] The felony murder rule survives in Arizona by current statutory law. The felony murder rule holds that a killing of a person occurring in the course of, or in the immediate flight from, the commission of the following crimes is considered murder in the first degree:[2]
Sexual Conduct with a minor
Sexual Assault
Molestation of a child
Terrorism
Marijuana offenses
Dangerous drug offenses
Narcotics offenses
The use of minors in drug offenses
Drive by shooting
Kidnapping
Burglary
Arson
Robbery
Escape
Child abuse
Unlawful flight from a pursuing law enforcement vehicle

A person convicted of murder in the first degree faces possible sentences of life imprisonment or, when aggravating factors exist, the death penalty.[3]

[edit] References

1.^ A.R.S. 13-103
2.^ A.R.S. 13-1105
3.^ A.R.S. 13-751




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Re: Jodi Arias #1

Post by Chickenbutt on Thu Feb 14, 2013 11:07 pm

I really dunno Darkman. I think it depends on what was included in the charging documents. Someone smarter than me can perhaps chime in?


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Re: Jodi Arias #1

Post by Chickenbutt on Thu Feb 14, 2013 11:17 pm

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-snipped-

While there are 12 people are on the jury, the decision could come down to just a single person.

"I think you need one juror to tie up the panel to come up with a hung jury," he said. "That's how it works because a verdict needs to be unanimous whether it's guilty or not guilty."

Lamm believes the defense is hoping to get at least one juror to see the situation from Arias' perspective and perhaps even empathize with her. If that happens, the jury could convict on a lesser charge of second-degree murder, which is what the defense was aiming for in plea negotiations.

A conviction on second-degree murder carries a maximum sentence of 22 years in prison. A first-degree murder conviction could mean the death penalty for Arias.


So are we all confused now????


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Re: Jodi Arias #1

Post by Chickenbutt on Thu Feb 14, 2013 11:23 pm

Yep, maybe somebody smarter than me will come along and clear this up for us. I just keep making a mess of it!! Thats what I get for trying to be smart instead of silly


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Re: Jodi Arias #1

Post by Gizmo711 on Fri Feb 15, 2013 8:05 am

Darkman wrote:ya.. but i mean .. even though she is charged of 1st degree murder .. can jury (or judge) find her guilty of lesser charge (2nd degree murder, manslaughter etc) ..

Or it HAS to be 1st degree, if found guilty?


I'm sure the jury will be instructed on lesser charges. Just doubt that they will be found in this case. We haven't heard from the prosecution as to JA yet. Jodi has to talk about where she got the gun, why did she carry a gun to his house, why did she bring a knife as well, why did she go there to begin with, (if one is so frightened of another, they don't go looking for that person) Abuse by the victim will not vindicate her, she went there willingly.

So far NOTHING that Travis did to her would have rised to being murdered. He may have been a cad (if we chose to believe everything she says) however, not too many 30 year old single men feeling their oats are any different. Nothing she claims has not happened to half the female population out here.

The ONLY reason Nurmi keeps bringing up such little incidents is because he TOO knows that nothing that has been stated would have caused someone to murder someone in such a manner.

If she has just shot him once, or stabbed him once, it would not have been OK but somewhat understanable to women who have been wronged out here. But she slaughtered him, it was an over kill, she ambushed him in the shower. To stab someone 29 times, slash their throat from ear to ear, nealy decapitating them, and then shooting them in the head, is not exactly the kind of person that should be walking free in society. She was obsessed with Travis, no other explanation. And she thought she was going to get away with it.

All her lies and already putting that injury to her finger on the day of the murder (by saying that the "Nija's" did it) is not going to go in her favor one bit. Premeditation and first degree murder will stick as far as I can see.

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Re: Jodi Arias #1

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