Good guy with a gun:2.2 Bad guys with guns:0
May 17, 2022 19:39:12 #
May 17, 2022 20:48:12 #
mwalsh wrote:
I notice the 2 who survived and were arrested have been charged with felony murder because their two accomplices died during the commission of a felony that they participated in. Interesting spin on that law.
May 17, 2022 21:08:41 #
flip1948 wrote:
I notice the 2 who survived and were arrested have been charged with felony murder because their two accomplices died during the commission of a felony that they participated in. Interesting spin on that law.
Its not spin...its the law.
Some smuck who is just a gettway driver who does not even know what is going on gets charged with murder if one of the robbers k**ls someone inside.
May 17, 2022 22:35:32 #
mwalsh wrote:
Its not spin...its the law.
Some smuck who is just a gettway driver who does not even know what is going on gets charged with murder if one of the robbers k**ls someone inside.
Some smuck who is just a gettway driver who does not even know what is going on gets charged with murder if one of the robbers k**ls someone inside.
I understand the law...if anyone dies during a felony, the perp can be charged with felony murder. It could be a store clerk who suffers a heart attack.
But, in this case it was 2 of the bad guys who died...thus my use of "spin".
May 17, 2022 23:48:42 #
Wyantry
Loc: SW Colorado
flip1948 wrote:
I notice the 2 who survived and were arrested have been charged with felony murder because their two accomplices died during the commission of a felony that they participated in. Interesting spin on that law.
“Spin”? Not really. In any crime in which the criminal participants had reasonable foresight that a homicide or k*****g might take place, the charge applies to those criminal individuals.
SOURCE: https://www.justia.com/criminal/offenses/homicide/felony-murder/
The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a k*****g that occurs during a dangerous felony, even if the defendant is not the k**ler. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.
The felony murder rule is an exception to the normal rules of homicide. Normally, a defendant can be convicted of murder only if a prosecutor shows that the defendant acted with the intent to k**l or with a reckless indifference to human life. Under the felony murder rule, however, a defendant can be convicted of murder even if the defendant did not act with intent or a reckless indifference; the prosecution must show only that the defendant participated in a felony where fatalities occurred.” [Emphasis = Wyantry]
May 18, 2022 02:48:37 #
mwalsh wrote:
Its not spin...its the law.
Some smuck who is just a gettway driver who does not even know what is going on gets charged with murder if one of the robbers k**ls someone inside.
Some smuck who is just a gettway driver who does not even know what is going on gets charged with murder if one of the robbers k**ls someone inside.
May 18, 2022 10:02:55 #
mwalsh wrote:
Finally, something we can all get behind.
May 18, 2022 12:15:15 #
jpwa
Loc: Inland NorthWest
"crimes are so dangerous that society wants to deter individuals from engaging in them altogether"
Do you think an armed robber breaking into a house thinks about what kind of crime he is committing and if he is committing murder or felony murder? Criminals are not that smart. The real problem is the courts where 98% of all convictions are plea bargained. The DA looks good for getting a conviction but then we hardly hear what sentence is imposed. I have seen way to many dangerous criminals released from prison only to commit more crimes. It's their way of life. Source "retired parole officer".
Do you think an armed robber breaking into a house thinks about what kind of crime he is committing and if he is committing murder or felony murder? Criminals are not that smart. The real problem is the courts where 98% of all convictions are plea bargained. The DA looks good for getting a conviction but then we hardly hear what sentence is imposed. I have seen way to many dangerous criminals released from prison only to commit more crimes. It's their way of life. Source "retired parole officer".
May 18, 2022 14:27:19 #
mwalsh wrote:
Yay, score 2 for the good side, should have dropped the other 2 for bonus points.
May 19, 2022 02:46:04 #
Wyantry
Loc: SW Colorado
One Rude Dawg wrote:
Yay, score 2 for the good side, should have dropped the other 2 for bonus points.
Another instance of the right of self-protection and the demonstrated efficacy* of weapon-ownership!
(* Efficacy—a great term purloined from the C***d discussion.)
May 19, 2022 11:53:05 #
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