jerryc41 Loc: Catskill Mts of NY

This is a strange one. A guy lent his car to his roommate. The roommate was involved in a murder, and the car owner was sentenced to life without parole.

http://www.alternet.org/news-amp-politics/lending-friend-your-car-can-get-you-life-sentence?paging=off

sarge69 Loc: Ft Myers, FL

Personally I think this is the most stupid of stupid laws on the books.

If you lend your neighbor your garden tools and he kills his family with them, you go to jail also ???

Sarge69

jerryc41 Loc: Catskill Mts of NY

Maybe. "Neither a borrower nor a lender be. " Shakespeare was no dummy.

rgrenaderphoto Loc: Hollywood, CA

This is a direct result of Law and Order Politicians taking a tough stance on crime by passing mandatory sentencing for crimes and eliminating a Judge's leeway for, in this case, an innocent victim.

This Ryan dude needs a better Lawyer.

And, yes Sarge, What the Felony Murder Rule essentially says is if anyone has anything to do with a felony in which a murder takes place, such as a robbery, that person is as guilty as the person who has committed the murder.

http://felonymurderflorida.wordpress.com/about/

The Felony Murder Rule, as used in Florida, states that' "anyone involved in certain felonies (armed robbery, kidnapping, rape), and if in the commission of that felony, no matter their level of involvement, a death occurs, all people involved in the felony will be charged with First Degree Murder and sentenced to Life Without the Possibility of Parole, or the Death Penalty, the only two options for sentencing."

The Felony Murder Rule originated in English Common Law in the 13th Century. A very interesting discourse on the history and implementation at:

http://birdsongslaw.com/2008/06/25/read-a-history-of-the-felony-murder-rule/

Gnslngr

Simple question: We know he lent the car to his friend before. Did he realize that the friend used his car on one or more occasions to obtain illegal narcotics? If so, is it reasonable to assume that he knew that narcotics dealers were a violent and sometimes murderous bunch? Yes?

Shouldn't have lent his car knowing it might be used for illegal activity.

dljen Loc: Central PA

This is hard to believe it could happen in our society. RG's right, he does need a better lawyer to stand up for him. He looks like a clean cut guy (I know, looks aren't any indication, but no tats or surly expression.) I probably shouldn't say this and sorry Floridians but it could happen only in FL. I'm not a fan of the "justice" they have there, for example, Casey Anthony and George Zimmerman. This is such a shame.

rcaf61

Drop dead Asshole

treehugger Loc: Eastern Idaho Highlands

There is a reason I live at the end of a dead end street, and have a 6 foot privacy fence separating me from any potential friends..

jerryc41 Loc: Catskill Mts of NY

"Friends" are over-rated. I didn't even watch the TV show. :D

jerryc41 Loc: Catskill Mts of NY

Then, you have to define "involved." I'd prefer "participated."

Big Bill Loc: Phoenix, AZ

We're missing something from the description in the OP.
There is no way the prosecution simply quoted the law, and said, "Since this guy loaned his car to the guy who committed the murder, he's as guilty. The prosecution rests."

Before I would make any determination as to the legimitacy of this sentence, I would need to know what the prosecution's theory was.

Simply saying that this poor guy was asleep may be a smoke screen. Asleep? Possibly. But did he loan the car knowing his friend was going to be out trying to rip off a drug dealer (which is what his friend and his accomplices were going to do)? If so, that's a conspiracy, and his being asleep is not a mitigating factor. If the murder happened during the commission of a felony (and it did), being in that conspiracy makes him as guilty as the murderer.
If this is the case, the sentence seems a little harsh, since he was not directly involved. That said, the lifestyle carries certain risks.

SteveR Loc: Michigan

Read the Wikipedia article. He knew beforehand that a robbery was going to take place. He should have taken the ten years. He would have been out earlier with good behavior. As far as the felony murder law goes....it's probably a good law.

Gnslngr

Well said. :thumbup:

John N Loc: HP14 3QF Stokenchurch, UK

I read through the post and generally agreed with the earlier findings but also thought there is a little more to it than we are hearing here. I've not got around to reading the Wikipedia link yet, but I did quickly scan through the link to BIRDSONGONLAW.

If I got it right it seems we English had a law based on 13th Century thought that seems to have been rarely used and eventually struck from the Statute book in the 1950's, however the law continues to be used in the U.S., in some States more severely than others.

I remembered this post last night when a TV play was on, penned by one Jimmy McGovern, a playwright of some note not afraid to take on social issues, airing a view via several TV mediums from soaps to dramas.

His latest was on the BBC last night. Titled ‘COMMON’ for Common Purpose (also known as Joint Enterprise) it’s never made it to the statute book but instead appears to have evolved around 300 years ago in an attempt to dissuade duelling – it allowed for all present to be charged and not just the duellists. Several noteworthy cases have taken place over the years including War Crimes trials in which CP / JE have been used, however in recent years it has been used more frequently.

The play centres round a young lad who on receipt of a phone call drives 3 other ‘mates’ to a pizza joint. The ‘mates’ want to go to the pizza place not for pizza but because one of them has been tipped off by the owner / server that a certain someone is coming in to pick up an order. In the ensuing altercation the ‘someone’ is fatally stabbed. All this time the young lad remains in the car (with the engine running – it’s a cold night we’re told) and knows nothing of the intent of the trip.
The play finishes with the four getting sent down for various terms – the knifer eventually confessing, the other two ‘mates’ getting lesser sentences and the driver slightly less still, but mainly because he was a juvenile at the time of the crime. The pizza place owner was not charged, because although complicit his lawyer got a deal with the Police / Crown Prosecution.

I wouldn’t have watched this had I not read the post a few days previously but would highly recommend it to anyone who wants to understand this ‘law’ a little more. If you can access BBC I-Player you’ll find it here;
http://www.bbc.co.uk/iplayer/episode/p021gb62/common
And an interesting item on the programme in one of our TV listings magazines here;
http://www.radiotimes.com/news/2014-07-06/jimmy-mcgoverns-common-people-will-realise-its-based-on-reality-and-theyll-be-shocked

Perhaps the reason Murder Felony was struck from the statute book here is because we had something else waiting in the wings.


P.S. I’ll give more credit to the TV pundit in future – I found that hard to compose.

SteveR Loc: Michigan

John N.....I wouldn't want to base anything on British law. When a man goes to prison for assaulting a burglar who he has caught in his own home, British law has things backwards.