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re: Should these college students be charged with murder?
Posted on 12/4/14 at 8:56 pm to Flame Salamander
Posted on 12/4/14 at 8:56 pm to Flame Salamander
quote:
Murder? No! This is just another example of the stupid fricking Louisiana legislature grandstanding to appease their law & order base. This is stupid as frick. Put them in jail...but not for murder, Jesus Christ.
dude...wut
not every story here is about Louisiana, and I'm pretty sure most if not all states have the felony murder rule
0
Posted on 12/4/14 at 9:06 pm to uway
quote:
Robbing words like "murder" of their meaning
felony-murder rule has been around for hundreds of years
Posted on 12/4/14 at 9:09 pm to beaver
quote:
felony-murder rule has been around for hundreds of years
If it has it hasn't been applied to acts like this. This is a recent change and very rarely & selectively applied.
Posted on 12/4/14 at 9:11 pm to Flame Salamander
Not true. It's nothing new. The charge or it's enforcement.
Posted on 12/4/14 at 9:12 pm to Funky Tide 8
quote:Yep
Should these college students be charged with murder?
Posted on 12/4/14 at 9:14 pm to heartbreakTiger
quote:
You play stupid games you win stupid prizes.
Posted on 12/4/14 at 9:14 pm to BBONDS25
quote:
Not true. It's nothing new. The charge or it's enforcement.
So you are saying that simple burglary or trespassing...whatever these people did...has resorted in Murder prosecutions in the past when someone died because of the act. You are going to have to show me that that has happened because I don't believe it.
This post was edited on 12/4/14 at 9:15 pm
Posted on 12/4/14 at 9:25 pm to Flame Salamander
Yes, quick search of Westlaw
People v. Klebanowski 2006
People v. Lowery 1997
Sharp v. State of Indiana 2014
there are three quick examples that took 2 minutes to find
now stop making shite up, it's always been the law and currently is in 46 states
People v. Klebanowski 2006
quote:
Killing of felony murder defendant's co-felon during the course of escape after armed robbery was within operation of the felony murder rule such that defendant could be held liable for death of co-felon, who was shot by robbery victim.
People v. Lowery 1997
quote:
Under proximate cause theory, liability attaches under felony-murder rule for any death proximately resulting from the unlawful activity, notwithstanding fact that killing was by one resisting the crime.
Sharp v. State of Indiana 2014
quote:
Evidence was sufficient to support conviction for felony murder arising when defendant's companion was shot by occupant of house allegedly broken into by defendant and his companions
there are three quick examples that took 2 minutes to find
now stop making shite up, it's always been the law and currently is in 46 states
Posted on 12/4/14 at 9:36 pm to Flame Salamander
You don't have to believe it. I'm ok with that
Posted on 12/4/14 at 9:36 pm to beaver
They absolutely should be charged
Posted on 12/4/14 at 9:46 pm to Gmorgan4982
quote:
Should these college students be charged with murder?
Yep
It just seems illogical to me...
Okay, its been around for hundreds of years, fine-doesnt make it anymore logical to me.
Posted on 12/4/14 at 9:49 pm to Funky Tide 8
That doesn't make any sense. If that's their logic then charge the dead guy with his own murder.
Posted on 12/4/14 at 9:52 pm to Funky Tide 8
They should be able to plead self defense.
Posted on 12/4/14 at 10:06 pm to BBONDS25
quote:
Not true. It's nothing new. The charge or it's enforcement.
The point of felony murder statutes, just like conspiracy laws, is to get defendants to flip against the co-defendant who actually committed the murder.
Technically you're right but most prosecutors probably are not looking to use it in the OP's example.
Posted on 12/4/14 at 10:21 pm to beaver
People assume risks for every decision that they make. In this case, the robbers risked getting caught and jailed or an attack in self-defense by the homeowner. The risks are clear and punitive enough to stand on their own merits. The person who got shot assumed the consequences of that risk by making the personal choice. By charging them, it somewhat shifts the personal responsibility (an important value) off of the deceased and creates less than natural consequences (the most logical and effective).
Posted on 12/4/14 at 10:22 pm to Funky Tide 8
That kind of sucks
This post was edited on 12/4/14 at 10:24 pm
Posted on 12/4/14 at 10:25 pm to Funky Tide 8
quote:
It just seems illogical to me...
Okay, its been around for hundreds of years, fine-doesnt make it anymore logical to me.
Exactly. The widespread use and long history should not outweigh and/or justify its irrationality.
Posted on 12/4/14 at 10:42 pm to buckeye_vol
If a prostitute is riding an old man for cash and he dies of a heart attack during the act, she's is charged with murder? Hmmm .....
Posted on 12/4/14 at 11:28 pm to Flame Salamander
quote:
Murder? No! This is just another example of the stupid fricking Louisiana legislature grandstanding to appease their law & order base. This is stupid as frick. Put them in jail...but not for murder, Jesus Christ.
Quite a few states have a similar code for this. Basically this says don't be friends with dickhead idiots.
I don't have my notes on it, but here's a fun website to read.
Murders during the Commission of a Felony
Posted on 12/4/14 at 11:44 pm to blue_morrison
Didn't some kid in Kentucky get charged with murder because his friends borrowed his car and knocked off a liquor store With someone being killed during the crime?
That was a stretch.
That was a stretch.
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