Barisone- New Thread

[Fat_Dinah]

Was there a separate charge by the judge on the weapons charges? Or do they ride the coattails of the murder charges?
If the major charges are NGI, the weapons charges are moot? Or can the weapons charges be guilty?

[MHM]

@Rhythm_Pace_Impulsion

The gun possession charge is a crime in and of itself.

Except in the judge’s instructions to the jury, he said that the crime is possession of a gun with the intent to commit a crime, or something similar.

Just having the gun in his pocket does not prove intent to commit a crime. Especially if they find him not guilty of committing the crime in question.

[FitzE]

Or the gun charges, no? Honest question as I may be incorrect here. They could be no attempted murder, no agg assault, yes gun charges now were there any mitigating circumstances for the gun charges. Is that right?

[RND]

@MHM

Perhaps you just don’t grasp the significance of the snowflake, although many people here do.

I don’t doubt that many of you here on the COTH MB threads have your own understanding of the meaning of snowflakes, but in the real world it is quite different. You in particular can be forgiven for not knowing that since you clearly spend most of your life here (don’t feel offended, you obviously have many friends who are also here with you all day every day). Keep on with your daily life here if that makes you happy and don’t let anyone make you feel bad.

[Fat_Dinah]

Why is the weapon illegal? If it is because it wasn’t properly regi stered, then the owner RC would be charged, not Barisone.
If I am acquitted of s tealing someone else’s car, being in possession of it doesnt make me liable for an expired license tag.

[MHM]

@EADoug

I transcribed the section of instruction almost word for word. I gave time stamps for when certain topics were mentioned.

Thank you very much for going to the trouble to do that. Much appreciated!

[Knights_Mom]

@RND

@MHM

Perhaps you just don’t grasp the significance of the snowflake, although many people here do.

I don’t doubt that many of you here on the COTH MB threads have your own understanding of the meaning of snowflakes, but in the real world it is quite different. You in particular can be forgiven for not knowing that since you clearly spend most of your life here (don’t feel offended, you obviously have many friends who are also here with you all day every day). Keep on with your daily life here if that makes you happy and don’t let anyone make you feel bad.

Do you get a rush when you insult people?

[Joanne]

“Under N.J.S. 2C:39-5(b), possession of a handgun in New Jersey, without an FID (Firearms Identification Card) and a permit, is a crime of the second degree, and punishable by 5 to 10 years in State prison.”

[Fat_Dinah]

Does that distinguish between the gun owner and just having the gun? Or is it the same?
I think that RC was charged with this and adjudica ted. Can two people be charged with the same offense for the same gun?

[Rhythm_Pace_Impulsion]

@MHM

@Rhythm_Pace_Impulsion

The gun possession charge is a crime in and of itself.

Except in the judge’s instructions to the jury, he said that the crime is possession of a gun with the intent to commit a crime, or something similar.

Just having the gun in his pocket does not prove intent to commit a crime. Especially if they find him not guilty of committing the crime in question.

I agree that mere possession to me does not get up the hill to intent to commit a crime. But I think the jury might be trying to split hairs and find a compromise of sorts.

[Knights_Mom]

@Joanne

“Under N.J.S. 2C:39-5(b), possession of a handgun in New Jersey, without an FID (Firearms Identification Card) and a permit, is a crime of the second degree, and punishable by 5 to 10 years in State prison.”

A juror may well vote not guilty after hearing the penalty for an illegal gun thinking MB just doesn’t deserve such a long punishment in light of what he’s already been through.

[Joanne]

@Fat_Dinah

Does that distinguish between the gun owner and just having the gun? Or is it the same?

I could guess, but I am not a lawyer so no answer for you.

[ekat]

The actual charge is possession of a weapon for unlawful purpose. Not just illegally possessing Ruth Cox’s gun.

[MHM]

@FitzE

I’ve been thinking about this, too. The other alternative is that they’ve decided the State did NOT in fact prove their case on the attempted murder charges and are now examining the possession changes. I think that fits in the flow chart as well, but not sure.

I think I’ve pretty much landed on the theory that there is no predicting what the jury is going to decide, and half the people on the thread are going to be thrilled with whatever the result is, and half are going to be furious.

Which kind of circles back to the binary discussion that has popped up here a few times.

[Rhythm_Pace_Impulsion]

@Fat_Dinah

Why is the weapon illegal? If it is because it wasn’t properly regi stered, then the owner RC would be charged, not Barisone.
If I am acquitted of s tealing someone else’s car, being in possession of it doesnt make me liable for an expired license tag.

The weapon was considered illegal because of NJ law. RC did face some sort of charges relating to the gun. Under your example what if drugs were found in the car, within your reach, I bet there would be charges.

[ekat]

Although…if it’s a hung jury, how will everyone feel?

[Knights_Mom]

@MHM

@FitzE

I’ve been thinking about this, too. The other alternative is that they’ve decided the State did NOT in fact prove their case on the attempted murder charges and are now examining the possession changes. I think that fits in the flow chart as well, but not sure.

I think I’ve pretty much landed on the theory that there is no predicting what the jury is going to decide, and half the people on the thread are going to be thrilled with whatever the result is, and half are going to be furious.

Which kind of circles back to the binary discussion that has popped up here a few times.

I dispute one thing: it won’t be 50/50 as far as happiness factor but rather 90/10 or 10/90.

[BatCoach]

Something sure seems stuck in @RND’s craw tonight. Hitting the margs too hard perhaps? Such a strong opinion for not even following the whole trial. Oh well. We are all entitled to our hot takes.

In these thousands of postings I think most of us (general, not specific) have repeatedly stated our opinion. No need for snark.

FWIW = “let it go” as in Elsa from frozen.

[Knights_Mom]

@ekat

Although…if it’s a hung jury, how will everyone feel?

I’d feel good as I would predict the DA maybe deciding not to retry the case only to end up with yet another hung jury.

[Fat_Dinah]

Jurors can only follow the law. They can’t and shouldn’t decide based on feeling sorry for someone or thing if the penalty is too much. That’s why the judge, not the jury, decided a penalty. Except for the death penalty, which is unique.