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To: Responsibility2nd

I have a problem with the mental gymnastics involved in charging someone with murder who did not in fact commit murder. Charge them with the crimes that they actually committed, no less, no more.


3 posted on 04/06/2018 12:46:52 PM PDT by rednesss (fascism is the union,marriage,merger or fusion of corporate economic power with governmental power)
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To: rednesss

They were charged with being an accomplice to murder. Yes, that’s a thing.


5 posted on 04/06/2018 12:48:05 PM PDT by BipolarBob (Build the Wall, with flamethrowers and machine gun nests.)
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To: rednesss

He committed Felony Murder.

From Wiki....

There are two schools of thought concerning whose actions can cause the defendant to be guilty of felony murder. Jurisdictions that hold to the agency theory admit only deaths caused by the agents of the crime. Jurisdictions that use the proximate cause theory include any death, even if caused by a bystander or the police, provided that it meets one of several proximate cause tests to determine if the chain of events between the offence and the death was short enough to have legally caused the death.[3]

https://en.wikipedia.org/wiki/Felony_murder_rule


10 posted on 04/06/2018 12:52:08 PM PDT by Responsibility2nd
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To: rednesss
The charge is "felony murder". Perhaps a better name for the crime could be devised, but basically felony murder is a [felony] charge used against people who share the responsibility for another person's death, even though did not actually do the killing.

As Whoopi Goldberg might say, it's not murder murder.

13 posted on 04/06/2018 12:54:20 PM PDT by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill.)
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To: rednesss
Kinda have mixed emotions about that...myself.

But I don't think these boys were innocent.

And this dumbass showed us...what he thinks of law and order...such as it is.

15 posted on 04/06/2018 12:55:23 PM PDT by Osage Orange (Whiskey Tango Foxtrot)
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To: rednesss

“I have a problem with the mental gymnastics involved in charging someone with murder who did not in fact commit murder. “
Hey cool it...we got a four-fer out of it.


19 posted on 04/06/2018 12:59:10 PM PDT by Bonemaker (invictus maneo)
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To: rednesss

My understanding of their law is that the dead kid was with this kid and 3 others all committing a burglary when the cops showed up. Dead kid decided to go out shooting and fired at the cop who put him down. Because this kid died during the commission of the crime, the other kids were charged with murder.

Do I think its fair? No, but they explained the law to him in the plea bargain but his lawyers either couldn’t get him to take the deal or they said they would be able to beat that rap. I’m sure it was a public defender.

I would have brought up that each party was acting in their own self interest during the burglary and when confronted by the cops gave up except the dead kid. The actions of the dead kid were his alone and he knew the possible outcomes. Another point is if it was murder than how did the cop get off, since the cop didn’t murder the kid but used justifiable means to stop the threat.

But at the end of the day, don’t do the crime if you can’t do the time...


20 posted on 04/06/2018 1:02:37 PM PDT by shotgun
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To: rednesss
If it's your family member who is murdered you'll adjust quick enough.

Part of the agreement for us all to respect and obey the law is that the justice will work well enough to discourage us from organizing a lynch party.

If a party to the murder of your loved one is walking free on the street, you're going to do something about it, so, the legal system found a way to handle the problem and keep us law abiding.

22 posted on 04/06/2018 1:05:24 PM PDT by donna (Together, Joe and Mika are a JOKA!)
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To: rednesss
There are no "mental gymnastics" required here. He is guilty of being an Accomplice which has a long history in common law. You are guilty of the same crime as the person who actually did the crime, but you may receive a lesser penalty.

Remember "If you can't do the time, don't do the crime"?

27 posted on 04/06/2018 1:15:32 PM PDT by ProtectOurFreedom
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To: rednesss
"I have a problem with the mental gymnastics involved in charging someone with murder who did not in fact commit murder."

I'm Charlie Manson, and I approved this message.

35 posted on 04/06/2018 1:43:01 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: rednesss

After reading the article, I see your point exactly.

I do not like that law at all. 65 years for a cop killing his buddy? It’s just plain wrong.


37 posted on 04/06/2018 1:46:02 PM PDT by redfreedom
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To: rednesss

I agree. It’s more justifiable when one of the accomplices commits a murder (although I would think the more appropriate charge would be accessory to murder), but in this case it was one of his accomplices getting shot by the police. Unless they charge the police with murder, how can they pin it on him?


38 posted on 04/06/2018 1:47:55 PM PDT by -YYZ- (Strong like bull, smart like tractor.)
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To: rednesss

If an accomplice or anybody else dies while a person is involved in the commission of a felony, that person is guilty of murder. Long standing law.


41 posted on 04/06/2018 2:04:11 PM PDT by Emmett McCarthy
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To: rednesss

Here in SC this would fall under the “hand of one is the hand of all” rule in that if you were there and did nothing to stop the crime then you are as guilty as the one who committed the crime.


45 posted on 04/06/2018 2:31:54 PM PDT by MissEdie (I am South Carolina Strong.)
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To: rednesss

IT’S THE LAW!! Felony murder has made sense for a long time.


51 posted on 04/06/2018 3:31:05 PM PDT by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: rednesss

I have a problem with the mental gymnastics involved in charging someone with murder who did not in fact commit murder. Charge them with the crimes that they actually committed, no less, no more


If anyone dies when you commit a felony, even if the cops shoot your accomplice, you can be charged with felony murder. Even if you are in custody, but the crime is ongoing, you can be charged. It may seem unfair. As I recall (from a tv show) the last Brit teen hanged for murder was involved in just such a case. The cops had him in hand, but someone died. He hanged for it. The idea being, don’t commit felony crimes where someone might die.


60 posted on 04/06/2018 5:27:41 PM PDT by hanamizu
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