Almost certainly not a hate crime (he was attacked, after all), but unfortunately, I'm positive that he will be charged with a crime - prosecutors will claim that the attacker was no longer an imminent threat.
Almost certainly not a hate crime (he was attacked, after all), but unfortunately, I'm positive that he will be charged with a crime - prosecutors will claim that the attacker was no longer an imminent threat.
Yes, he cannot claim self defense. Revenge killings are not legal. So this would be considered second degree murder, or maybe voluntary manslaughter depending on the jurisdiction.
And he will very likely be charged. I would demand a speedy jury trial and base my defense on trying to hang the jury. You only need 1 based juror who is willing to refuse to convict.
If I were on the jury I wouldn't say he was guilty. He was well within his rights to blow that motherfucker away.
However, jury trials can almost always be overruled by the judge. Or the judge can replace a juror for "reasons". A white guy shoots a black guy in Chicago.......they're going to pull out all the stops.
However, jury trials can almost always be overruled by the judge. Or the judge can replace a juror for "reasons".
As a lawyer, not really. A judge can "instruct" you, but if you choose to disobey that instruction there is nothing the judge can do. There are no directed verdicts in criminal trials.
Watch him get charged with a hate crime
Almost certainly not a hate crime (he was attacked, after all), but unfortunately, I'm positive that he will be charged with a crime - prosecutors will claim that the attacker was no longer an imminent threat.
Yes, he cannot claim self defense. Revenge killings are not legal. So this would be considered second degree murder, or maybe voluntary manslaughter depending on the jurisdiction.
And he will very likely be charged. I would demand a speedy jury trial and base my defense on trying to hang the jury. You only need 1 based juror who is willing to refuse to convict.
If I were on the jury I wouldn't say he was guilty. He was well within his rights to blow that motherfucker away.
However, jury trials can almost always be overruled by the judge. Or the judge can replace a juror for "reasons". A white guy shoots a black guy in Chicago.......they're going to pull out all the stops.
As a lawyer, not really. A judge can "instruct" you, but if you choose to disobey that instruction there is nothing the judge can do. There are no directed verdicts in criminal trials.
A judge can only overrule a guilty verdict in a jury trial. Not a not guilty verdict.