German exchange student killed. Montana SYG law

[pErvinalia]

That's no doubt sensible, but faulting the guy for leaving his garage door open is like faulting a rape victim for wearing a short dres.

By all accounts he deliberately left it open, to entice someone inside so he could have the thrill of killing him, and hope to get away with it because of the uncivilised nature of the US legal system.

None of the accounts says "thrill". You are just reading it in, just as some people read in "provocative" to the wearing of a short dress.

Well, he did it so that he would have the opportunity of shooting someone, presumably because it fulfilled some twisted motive.

It seems obvious from his past victimization that his motive was preventing further burglaries. I don't find that motive twisted at all, even if the means may have been overkill.

You don't reasonably prevent further burglaries by leaving your fucking doors open.

[mistermack]

One thing I don't understand is how this isn't a capital charge?
The Complaint says deliberate homicide, with 100 year max sentence.

What more do you have to do to get the death penalty?

[Svartalf]

premeditated... my guess is that thiss is murder in the second, rather than first degree.

[mistermack]

premeditated... my guess is that thiss is murder in the second, rather than first degree.

Yes but, the evidence from his own mouth shows premeditation. That part of it couldn't be clearer.

[Svartalf]

He did not intend to kill that precise guy, so you can't make premeditation stick in court.

[mistermack]

He did not intend to kill that precise guy, so you can't make premeditation stick in court.

It doesn't have to be a particular person, to be premeditated.
Serial killers often kill at random. They still have the intention of killing someone, and it's still a capital crime.

The 9/11 hijackers would have got executed, in spite of not knowing any of the people that they killed.

[Svartalf]

If my explanations displease you, why don't you ask the prosecutor directly?
Or maybe that state simply doesn't have the death penalty anymore.

[FBM]

I am currently premedicated. Will try to post something that makes sense on the morrow...

[laklak]

Montana has the death penalty, but has executed only two people since 1976 and there are only two inmates currently on death row. Though apparently they don't have an actual death row since there's only two of them.

[Seth]

The rumor trickling down, allegedly from the second teen, is that Dede stepped into the garage, because the door was conveniently open, to light a cigarette out of the wind.

Montana Code Annotated Use of Force in Defense of a Person

45-3-102. Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

Right, but now compare it to the statute I cited earlier on use of force in defense of premises.