Well, I was focusing on the most serious charge, the one that
Joe explicitly stressed. I agree that the weapons and firearm charges
might not have happened in the U.S., depending on the kinds of weapons
involved, and depending on Mr. Young's status.
Also, of course the thugs might have been lying about when the
shot happened -- but that too is hardly an exclusively Canadian
possibility. If an American prosecutor believed an armed robber who
said that someone tried to shoot him while he was fleeing, I think he'd
be entitled to bring attempted murder charges in nearly every state (or
possibly indeed every state).
Eugene
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of
> [EMAIL PROTECTED]
> Sent: Tuesday, June 20, 2006 1:22 PM
> To: [email protected]
> Subject: RE: "Oh Canada"
>
>
> You missed the part:
> "Now, 28 year old Harvey Joseph Young is charged with
> Attempted Murder, along with eight other weapons and
> firearm-related charges."
>
> First, it might seem to me that the two thugs confessing to
> home invasion might lie about when the shot happened. The
> story doesn't report what Mr. Young said.
>
> In the civilized parts of the country (mostly excluding
> places like California, New York, New Jersey and the like),
> it would be hard to imagine 8 weapons and firearm charges
> unless Mr. Young were a "disapproved person" who couldn't
> possess firearms.
>
> Phil
>
>
> Quoting "Volokh, Eugene" <[EMAIL PROTECTED]>:
>
> > Wouldn't the same be true in the U.S. (at least as a
> matter of the
> > law on the books, if not in action), if indeed the
> following is true
> > and complete?
> >
> > "Two men kicked in the front door of the home, and the property
> > owner grabbed a firearm. At that point the invaders left
> ... but as
> > they were going, a shot was fired at their vehicle and hit the
> > driver."
> >
> > Hard to argue self-defense there; maybe one can argue
> it down to
> > attempted voluntary manslaughter (because of the provocation) from
> > attempted murder, but attempted murder is not an
> implausible charge,
> > no?
> >
> > Eugene
> >
> > -----Original Message-----
> > From: [EMAIL PROTECTED]
> > [mailto:[EMAIL PROTECTED] On Behalf
> Of Joseph E.
> > Olson
> > Sent: Tuesday, June 20, 2006 6:32 AM
> > To: List Firearms Reg
> > Subject: "Oh Canada"
> >
> >
> >
> > Two suspects in a home invasion in Canada are in custody,
> after going
> > directly to the police to complain that their intended
> victim shot at
> > them. The homeowner is facing charges, including attempted murder.
> >
> > http://www.cjob.com/news/index.aspx?src=loc
> > <http://www.cjob.com/news/index.aspx?src=loc&mc=local&rem=40859>
> > &mc=local&rem=40859
> >
> >
> > Professor Joseph Olson, J.D., LL.M. o- 651-523-2142
> > Hamline University School of Law f- 651-523-2236
> > St. Paul, MN 55113-1235 c- 612-865-7956
> > [EMAIL PROTECTED]
> >
> >
>
>
>
>
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