No one held a gun to this dead kid’s head and told him he had to rob a house. The kid being charged didn’t force his accomplis to do anything. It makes no sense to charge him with murder when there was no coercion.
We might as well charge the parents for bringing them into this world in the first place if we’re going to use this line of reasoning. Fuck, charge the teachers and principal too for allowing them to skip school. Charge the home builder for having the gaul to build that house so it could be robbed.
I’m not understanding why this application of the felony murder rule is so unreasonable.
Nor am I. You’re committing a felony. Somebody dies as a direct result of that crime. Does it really matter who the person who died was? I’m open to being convinced that the dead person being an accomplish changes all of this.
Let me add that I have no problem whatsoever with charging the getaway driver with murder if one of the bank robbers kills a teller.
#43, I love how cops in their hallowed blessed costumes think that if anything touches them, even a bubble, it is ASSAULT. The State backs their position. The system must be removed and replaced with _______
My understanding is that felony murder infers there was malice intended towards victims from the willingness to participate in the felony. (http://www.answers.com/topic/felony-murder) That explains how someone could be charged even if their accomplice committed a murder, or if the victim died accidentally during the felony. It seems more doubtful that malice _towards the accomplice_ could be inferred, since the felony obviously was not directed at the accomplice. In that light the charge seems a bit of a stretch.
I’m sure there are some racists in the Tea party movement. The tea party includes neo-cons, constitutionalists, some paleo-libertarians and conservatives. It’s very much a mixed bag. The Southern Poverty law center equates libertarianism/constitutionalism with terrorism. Ron Paul the “Carlos” of libertarian terrorism. Send him to gitmo.
The felony-murder rule has a lot of local variances. Florida tends to be a bit over the top (in my humble opinion) with that sort of thing. I can’t speak for other jurisdictions but in Maryland felony-murder doesn’t apply if the police or the victim kill someone nor does it ever apply if a perpetrator is the person who is killed.
We also have a somewhat unique rule called the “hostage/human shield” exception where felony murder does apply if the accused takes a hostage and that hostage is killed by the police. I’m not sure how often it comes up but there was a case where some people robbed a jewelry store in Baltimore then took the owners hostage in their car and fled the city. The hostages were then accidentally shot and killed by the police in a shoot-out on the highway.
My sympathy for the little punk who broke into the wrong house is limited, to say the least. It’s a shame that the bullet hadn’t been high enough up his torso to save the taxpayers the money it will cost to put him on trial and (in all likelihood, since a conviction seems likely) imprison him.
That being said, there’s a CHANCE that he could be a productive member of society if he’s not in prison until he’s pushing 70. Maybe.
I’m sure that there’s somebody out there more deserving of a maximum security cell for the next fifty years. This seems like a waste of jail space (not to mention money).
I am with the law on this particular instance. I think a home invasion robbery with four people and a hammer is well within the violent crime category. If that sort of crime results directly in someone’s death, anyone committing the crime has murdered that person.
That being said, the Florida law is imperfect at best. I seem to recall an attempted prosecution for murder when a police cruiser speeding to the scene got in an accident and someone was killed. That sort of thing is too far removed from the crime for a murder charge to be justified in my opinion.
Frank Hummel |
October 20th, 2010 at 11:02 pm
Pretty funny. The officer bubbles video reminded me of the one one with the narcotics agent that shot himself in the frigging foot while explaining he’s the only one qualified in that room to handle the Glock.
That being said, and i know it’s not right, but i feel some shadenfreude when some lib lefty gets an attitude adjustment.