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To: TexasCajun
Code of Alabama:

Section 13A-6-2
Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.

(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.

(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto.

(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1.)

14 posted on 05/03/2012 7:44:39 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: ArrogantBustard
-Thank You-
25 posted on 05/03/2012 7:50:35 AM PDT by TexasCajun
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To: ArrogantBustard
in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

I'd check Ala. Code 13A-6-2 to see whether 'participant' is limited to others who are participants in committing the crime (which is the way it reads to this lawyer's eyes).

You may well find that the others in the car with Ja'Quares can't be charged with murder under Ala. Code Section 13A-6-2(a)(3) because the death was caused by one of the targeted victims of the attempted crime and not a participant in the attempted crime. There is no definition of 'participant' in Ala. Code Section 13A-6-1, which is the general definitions section for Article 1 (Homicides) and Article 2 (Assaults) of Title 13A: Criminal Code - Chapter 6 - Offenses Involving Danger to the Person. I haven't researched appellate decisions on Ala. Code Section 13A-6-2(a)(3).

115 posted on 05/03/2012 9:04:12 AM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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To: ArrogantBustard

It can fall partly under this law.

Section 13A-6-26
Compelling streetgang membership.
(a) For purposes of this section, the term “streetgang” means any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, of three or more persons that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity.

(b) A person who expressly or by implication threatens to do bodily harm or does bodily harm to a person, a family member or a friend of the person, or any other person, or uses any other unlawful criminal means to solicit or cause any person to join or remain in a streetgang is guilty of the crime of compelling streetgang membership.

(c) The crime of compelling streetgang membership is a Class C felony.

(d) Notwithstanding subsection (c), the crime of compelling streetgang membership is a Class A felony if the defendant is over the age of 18 years and the other person is under the age of 18 years.

(e) This section shall not be construed to repeal other criminal laws. Whenever conduct proscribed by this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall apply.

(Act 98-490, p. 942, §§1, 2.)


203 posted on 05/03/2012 4:59:01 PM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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