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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 1:52 pm to
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 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
16550 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 mofungoo
Baton Rouge
Member since Nov 2012
4583 posts
Posted on 12/2/16 at 1:53 pm to
They don't have to be in the house either - just have to be attempting to break in. In Louisiana.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50789 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 finchmeister08
Member since Mar 2011
35826 posts
Posted on 12/2/16 at 1:56 pm to
quote:

BOOM BOOM BOOM BOOM BOOM
"I killed one I think"

fricking Savage!

i think he was ensuring one wouldn't escape alive. can't blame.
Posted by uway
Member since Sep 2004
33109 posts
Posted on 12/2/16 at 3:05 pm to
quote:

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


I know.
I disagree with broadening the definition of "murder" to include acts where the people you charge with murder didn't intend to take anyone's life. It just doesn't make sense.
This post was edited on 12/2/16 at 3:06 pm
Posted by jchamil
Member since Nov 2009
16550 posts
Posted on 12/2/16 at 3:18 pm to
quote:

I know. I disagree with broadening the definition of "murder" to include acts where the people you charge with murder didn't intend to take anyone's life. It just doesn't make sense


When breaking and entering into someone else's home would it not be reasonably foreseeable that someone might end up being killed?
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 12/2/16 at 3:20 pm to
quote:

I disagree with broadening the definition of "murder" to include acts where the people you charge with murder didn't intend to take anyone's life. It just doesn't make sense.


I see your point & I could maybe accept involuntary manslaughter; but they for damned sure deserve to be charged with more than just B&E
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.
Posted by jchamil
Member since Nov 2009
16550 posts
Posted on 12/2/16 at 3:53 pm to
quote:

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


Felony Murder Rule
Posted by anc
Member since Nov 2012
18148 posts
Posted on 12/2/16 at 3:59 pm to
So they caught the two other thugs and charged them with murder.

Sounds good.

Posted by ATL-TIGER-732
ATL
Member since Jun 2013
2291 posts
Posted on 12/2/16 at 6:41 pm to
quote:

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

Arizona!
Posted by PerCuriam
backrooms, alleys and trusty woods
Member since Apr 2016
1577 posts
Posted on 12/2/16 at 6:55 pm to
Joe McKnight gene pool? some people are too stupid even to be criminals
Posted by tigerfoot
Alexandria
Member since Sep 2006
56508 posts
Posted on 12/2/16 at 8:11 pm to
quote:

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


I know.
I disagree with broadening the definition of "murder" to include acts where the people you charge with murder didn't intend to take anyone's life. It just doesn't make sense.
. If I get drunk and drive, killing a person. I didn't mean to do it.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45859 posts
Posted on 12/2/16 at 9:11 pm to
Man, he has big balls and my respect!
Posted by MoarKilometers
Member since Apr 2015
18075 posts
Posted on 12/2/16 at 9:21 pm to
quote:

Totally disagree. Their decision to commit a criminal offense directly led to the death of their accomplice. That's murder.

Weird, when i get shite housed drunk and kill my passenger in my 3rd dui wreck, with an 8 ball in my pocket... despite both felonies I've committed it still leaves me at dui manslaughter, habitual offender felony dui, and possession of a controlled substance... but not murder.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 12/2/16 at 10:12 pm to
quote:

Weird, when i get shite housed drunk and kill my passenger in my 3rd dui wreck, with an 8 ball in my pocket... despite both felonies I've committed it still leaves me at dui manslaughter, habitual offender felony dui, and possession of a controlled substance... but not murder.


um - you know that manslaughter is a lesser murder charge - right?

and I am pretty sure in that situation, the DA can up the charge to murder

don't know for sure - prove me wrong
Posted by Bad Medicine
Member since Aug 2014
3575 posts
Posted on 12/2/16 at 10:19 pm to
wtf why are they being charged with murder? Can someone explain that it makes no sense to me
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 12/2/16 at 10:39 pm to
They intentionally caused someone to die
Posted by Ricardo
Member since Sep 2016
4923 posts
Posted on 12/2/16 at 10:40 pm to
(no message)
This post was edited on 6/14/20 at 7:34 pm
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