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re: FL man fatally shoots home intruder while on phone with 911: they're in my house

Posted on 12/2/16 at 1:43 pm to
Posted by uway
Member since Sep 2004
33109 posts
Posted on 12/2/16 at 1:43 pm to
quote:



yes

some states, like Florida, actually have the law correct now

I am pretty sure that the same law applies in TX, AL & GA - probably in a lot more states as well


I'm 10000% in favor of armed self defense, but its dumb to charge anyone with murder in this case.
I understand the desire to dissuade people from crime, but its nonsensical to charge someone with a murder you know they didn't commit.
Everyone knows its not a murder.
Posted by Bodyaid
Slidell
Member since Feb 2009
395 posts
Posted on 12/2/16 at 1:47 pm to
More winning !!!
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29727 posts
Posted on 12/2/16 at 1:52 pm to
quote:

I'm 10000% in favor of armed self defense, but its dumb to charge anyone with murder in this case.
I understand the desire to dissuade people from crime, but its nonsensical to charge someone with a murder you know they didn't commit.
Everyone knows its not a murder.


I disagree

the way the law reads, if someone dies while you are committing a felony, you get charged with murder

it adds to the punitive nature of the law and serves as a deterrent
Posted by jchamil
Member since Nov 2009
16579 posts
Posted on 12/2/16 at 1:52 pm to
quote:

I'm 10000% in favor of armed self defense, but its dumb to charge anyone with murder in this case. I understand the desire to dissuade people from crime, but its nonsensical to charge someone with a murder you know they didn't commit. Everyone knows its not a murder.


Would the death have happened if the felony had not been committed? That is the reason for the felony murder rule. If someone dies during a felony you are committing, you are responsible for that death
Posted by imjustafatkid
Alabama
Member since Dec 2011
50839 posts
Posted on 12/2/16 at 1:56 pm to
quote:

Everyone knows its not a murder.


Totally disagree. Their decision to commit a criminal offense directly led to the death of their accomplice. That's murder.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/2/16 at 3:48 pm to
quote:

I understand the desire to dissuade people from crime, but its nonsensical to charge someone with a murder you know they didn't commit. Everyone knows its not a murder.
Actually, legally, it almost certainly is. Not in the 1st of course.

But, they do the same thing if 3 people carrying guns rob a bank and one of them shoots the teller.

All three get charged.

I'm not a lawyer so I don't know the specific legal term for the concept, but it exists.
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