Maybe Don't Use Google to Plan a Murder

[Ben]

A woman apparently googled for information on getting away with murdering her husband. Maybe she should have first googled "Is it stupid to use your own account, computer, and internet connection to google on how to commit a crime?"

She apparently searched the following phrases beginning in April 2022: "luxury prisons for the rich in america," "how long does life insrance companies takento.pay [sic];" "can you delete everythjng on an old icloud account [sic]," "can deleted text messages be retrieved," "what information can be cbtained from a cellphone [sic]," "how to turn find my iphone off [sic]," "can cops force you to do a lie detector test," "when does FBI get involved in a case," "what is considered a lethal.dose of fentanyl [sic]," and "what are you allowed inside utah jails."

https://www.foxnews.com/us/utah-mom-kouri-richins-googled-luxury-prisons-rich-allegedly-killing-husband-docs

[Hawkmoon]

Obviously she never heard of "burner" phones.

[lee n. field]

Obviously she never heard of "burner" phones.

I´d be using a burner laptop, and a scratch install of some OS I don´t normally use, while snarfing public wifi in some other city, and I left my smortfone at home.

[Hawkmoon]

I´d be using a burner laptop, and a scratch install of some OS I don´t normally use, while snarfing public wifi in some other city, and I left my smortfone at home.

Yes, and a private browser like Brave, a VPN, and a search engine like Duckduckgo.

[WLJ]

Maybe Don't Use Google to Plan a Murder

Just saying

[Nick1911]

How about don't use google or plan a murder?

[MechAg94]

Obviously she never heard of "burner" phones.

From what I have heard, the cell system automatically associates phones that are in proximity.  I am sure there is a lot to acquiring and using a burner phone I have no idea about.

[Hawkmoon]

How about don't use google or plan a murder?

Now you're talking.

[bedlamite]

You guys are no fun.

[cordex]

Maybe Don't Use Google to Plan a Murder

Just saying

How about don't use google or plan a murder?

Ah, the ol' "It can't be first degree murder if I didn't plan it" defense.

[WLJ]

It was a mostly peaceful murder

[Hawkmoon]

Ah, the ol' "It can't be first degree murder if I didn't plan it" defense.

Several years ago a prosecutor actually argued in court that "intent can be formed in an instant."

[Perd Hapley]

Don't tell me how to plan my murders! You wanna be next?

[MechAg94]

Several years ago a prosecutor actually argued in court that "intent can be formed in an instant."

Which would completely undermine the whole point of the different murder types written into the law.

[Hawkmoon]

Several years ago a prosecutor actually argued in court that "intent can be formed in an instant."

Which would completely undermine the whole point of the different murder types written into the law.

That's what she was trying to do. The case probably should have been a manslaughter or negligent homicide charge, and she was pushing for first degree murder. First degree murder requires premeditation, so ...

[MechAg94]

It doesn't surprise me that prosecutors would try things like that, but the judge agreeing with her would undermine the legal differences.  Hopefully a decision like that wouldn't survive appeal, but state courts do odd things sometimes. 

[Northwoods]

Several years ago a prosecutor actually argued in court that "intent can be formed in an instant."

I remember that incident.  Iirc the defendant claimed self-defense.  He pulled a knife during a beating swung it wildly/blindly.  Ended up fatally stabbing one of the assailants.  Prosecutor claimed he decided to kill in an instant, rather than just get away, while receiving a beating.  Don’t recall the outcome.

As to the issue of how much planning is required for 1st degree murder, I guess it depends on the wording of the statute.  If all it requires is “intent” to kill, that can be formed in an instant.  It’s just that it’s a lot harder to prove instantly formed intent than showing evidence of e.g. lying in wait for the victim, or other clear planning over hours/months.