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misslia1

Junior Member
What is the name of your state? Illinois

i have a question about my friends' case. He was put in jail for murder he has served about 3 months now. And the charge that's pending is 1st degree murder. The situation is that he and 5 other guys jumped this guy in a park. He hit the boy with a bat first and the boy fell to the ground but wasn't dead, the other guys started to jump the guy and repeadetly hit the guy with the bat. They all ran. The ambulance was called and the police were called. My friend told me what happened and said that he swears that when he hit him he was still alive.The guy died from the incident a week later in the hospital. All the boys that were with my friend xscaped the charges because they put everything on him. Now he's spending time in jail. I want to know , is it right to just charge him with murder, and if he is charged how long will he be incarcerated.
 
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S

seniorjudge

Guest
Your "friend" hit someone with a bat and that person died as a result.

How would that NOT be murder?

"...The situation is that he and 5 other guys jumped this guy in a park. He hit the boy with a bat first and the boy ... died from the incident..."

These are the relevant facts from your post.
 
S

seniorjudge

Guest
calatty said:
It could be manslaughter.
Anything is possible, obviously. But it looks like Felony murder; there was an armed assault going on.

http://www.lectlaw.com/def2/m053.htm

MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.

To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.

Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing.

First-degree murder in California includes a killing that is "willful, deliberate, and premeditated," or that is committed in the perpetration, or attempt to perpetrate, certain felonies, including burglary, and not including the petty offense of shoplifting. Cal. Penal Code S 189.
 
misslia1 said:
What is the name of your state? Illinois

i have a question about my friends' case. He was put in jail for murder he has served about 3 months now. And the charge that's pending is 1st degree murder. The situation is that he and 5 other guys jumped this guy in a park. He hit the boy with a bat first and the boy fell to the ground but wasn't dead, the other guys started to jump the guy and repeadetly hit the guy with the bat. They all ran. The ambulance was called and the police were called. My friend told me what happened and said that he swears that when he hit him he was still alive.The guy died from the incident a week later in the hospital. All the boys that were with my friend xscaped the charges because they put everything on him. Now he's spending time in jail. I want to know , is it right to just charge him with murder, and if he is charged how long will he be incarcerated.
When the jury sees all the evidence presented, they will then retire to the jury room and deliberate. If the jury reaches a decision at all, they will return a verdict. If the verdict is "guilty", the jury will tell the accused that the jury found that the State proved beyond a reasonable doubt, that any conviction of guilty was for 1. First degree, premeditated murder; 2. Felony murder; or 3. Manslaughter. (If charged with the crime, conspiracy to commit murder could apply also. To your friend and to his friends).

Dependant upon your friends criminal history, the sentence could range from a large number of years in prison, to Life in prison, without the possibility of parole.
 

rmet4nzkx

Senior Member
The cite of the possible for 1st degree murder ETC. in IL is:
http://www.callyourlawyers.com/mobile/penaltieschart.html
classification Usual Prison Possible Ext Term Madatory Maxi Fine
of crime ProbationTerm or JailSent Sup'dRelease
MURDER
1st degree (Death)5 — Not allowed — $25,000
Life, no parole6 — Not allowed 3 years $25,000
20-60 years7 60-100 years Not allowed 3 years $25,000
2nd degree 4-20 years 15-30 years 4 years 2 years $25,000
HABITUAL
CRIMINAL8 Life, no parole — Not allowed — —
FELONY
Class X 6-30 years 30-60 years Not allowed 3 years
1 4-15 years 15-30 years9 Up to 4 years10 2 years $25,000, or more if specified
2 3-7 years 7-14 years9 Up to 4 years10 2 years $25,000, or more if specified
3 2-5 years 5-10 years Up to 21/2 years 1 year $25,000, or more if specified
4 1-3 years 3-6 years Up to 21/2 years 1 year $25,000, or more if specified

PENALTIES FOR CRIMES IN ILLINOIS
1. EXTENDED TERM. The court may impose an extended term in lieu of the usual term on a person convicted of any of a number of crimes, or of crimes committed in types of circumstances, that are listed in 730 ILCS 5/5-5-3.2(b) to (d). ( "exceptionally brutal or heinous behavior indicative of wanton cruelty" etc.)
2. PROBATION. Except for the most serious crimes, an offender may be sentenced to a term of probation instead of prison. Maximum probation terms for each class of crime are listed in the column marked with this footnote. Among several other statutory conditions, a person on probation is forbidden to possess a firearm or other dangerous weapon, or to leave the state without permission. Courts may add other conditions. Note 10 below describes situations in which probation instead of prison is not allowed.
3. MANDATORY SUPERVISED RELEASE (MSR). This is a period of parole that automatically follows a prison term for a felony. A person convicted of a repeat sex crime involving force or threat of force, against a victim under 18, must serve 4 or 5 years of MSR, with the first 2 in electronic home detention.
4. FINES. Whenever a fine is imposed (except for a nonmoving traffic offense),
there is added to it a penalty of $5 per $40 (or fraction of $40). Thus the
amounts shown should be increased by one-eighth to approximate totals that can be imposed. Several other kinds of surcharges are imposed for some kinds of crimes; see especially 730 ILCS 5/5-9-1.4 to 5/5-9-1.11.
5. DEATH PENALTY. A person who was at least 18 at the time may be sentenced to death for committing first-degree murder by killing: (1) a peace officer or fireman who was performing official duties, or to prevent or retaliate for such performance; (2) an employee, prisoner, or other authorized person in a prison or jail, (3) more than one person (at either the same or different times), if done with separate intent or by separate acts; (4) as a result of a hijacking; (5) for hire, or by hiring another person; (6) intentionally in the course of another felony involving violence, force, or a drug conspiracy; (7) a person under age 12 with “. . . wanton cruelty;” (8) to prevent or retaliate for the victim’s aiding in a criminal investigation or prosecution; (9) intentionally as part of a drug crime, or by causing another person to kill as part of such a crime; (10) while in prison and in the course of committing or conspiring to commit a felony; (11) as part of a cold, calculated, and premeditated scheme to take a human life illegally; (12) an emergency medical worker employed by government, while performing or to prevent or retaliate for performance of duties; (13) as the kingpin in a criminal drug conspiracy; (14) intentionally by a method involving torture; (15) in a drive-by shooting; (16) a person 60 or older, with “ . . . wanton cruelty; (17) a disabled person; (18) because the victim was a community policing volunteer, or to deter service as such a volunteer; (19) a person protected by an order of protection issued against the murderer; or (20) a teacher or other employee in or near a school.
6. LIFE IN PRISON. A first-degree murderer may be sentenced to life in prison without possibility of parole if (a) the killing was done with “...wanton cruelty” or (b) any factor listed in note 5 above was present. Unless death is imposed, the court must sentence to life in prison without parole any first-degree murderer who killed (1) after being earlier convicted of first-degree murder in any jurisdiction; (2) more than one person, or a person under age 12 if the murderer was at least 17; (3) a peace officer or fireman who was performing official duties, or to prevent or retaliate for such performance; (4) an employee of a prison or jail who was performing official duties, or to prevent or retaliate for such performance; (5) an emergency medical worker employed by government, while performing or to prevent or retaliate for performance of duties; (6) a person under 12 during an aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnapping, if the murderer was under 17; or (7) because the victim was a community policing volunteer or to prevent such service.
7. The range of possible prison sentences for first-degree murder is 20 to 60 years if no fact justifying life in prison or death is present. But if the crime was
committed while armed with a firearm, the term is automatically increased by 15 years; if the murderer fired it during the crime, by 20 years; and if the firing caused great bodily harm, permanent disability or disfigurement, or death, by 25 years to life.
8. HABITUAL CRIMINALITY. This is not an offense, but an adjudication of a person who has, twice in succession, committed and been convicted in U.S. courts of first-degree murder, a Class X felony, aggravated kidnapping, or criminal sexual assault; and without being out of custody for at least 20 years after the first conviction, again commits and is convicted of any of those crimes (except aggravated kidnapping).]
9. A person who, on two separate occasions after January 1978, committed and was convicted of Class 2 or worse felonies, and then commits a third such felony while over age 21, is to be sentenced as a Class X felon.
10. Probation is not ordinarily allowed if the crime was a Class 2 or worse felony and occurred within 10 years after conviction of another such felony. Probation is also not allowed for several kinds of crimes listed in 730 ILCS 5/5-5-3(c)(2).
But if the court finds the offender to be addicted; the crime was nonviolent; and other conditions apply, the court can allow the offender to choose probation under supervision of a drug-treatment program approved by the Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse).
Sources: This chart is based principally on the following sections of Illinois law in effect as of January 1,
2000: 720 ILCS 5/9-1 and 5/33B-1 ff.; 730 ILCS 5/3-3-3, 5/3-3-8, 5/5-5-1, 5/5-5-3, 5/5-5-3.2, 5/5-
6-1 ff., 5/5-8-1 ff., and 5/5-9-1 ff.



I did not give the other possibilities because that was not what was asked.
If he doesn't give up his friends, then he alone will take responsibility for consequences for the crime, making a manslaughter defense less viable, 2nd degree murder is a possibility, although I think a jury is unlikely to go for less than 2nd degree murder with such predatory behavior.
 

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