Strange legal case
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28-03-2017, 05:45 PM
RE: Strange legal case
This is one of the sources that I'm using in my paper. I'm not writing the paper from a criminal or legal standpoint. I'm writing it about kids who are "falling through the cracks" and going to prison instead of graduating from high school. -So, granted, my source may not hold water from a legal standpoint. http://criminal.findlaw.com/criminal-cha...rview.html

Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies, such as:

Arson;
Burglary;
Kidnapping;
Rape; and
Robbery.

For example, Dan and Connie rob Victor's liquor store, but as they're fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death even though neither of the robbers actually did the killing.
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28-03-2017, 08:27 PM
RE: Strange legal case
(28-03-2017 05:45 PM)Aliza Wrote:  This is one of the sources that I'm using in my paper. I'm not writing the paper from a criminal or legal standpoint. I'm writing it about kids who are "falling through the cracks" and going to prison instead of graduating from high school. -So, granted, my source may not hold water from a legal standpoint. http://criminal.findlaw.com/criminal-cha...rview.html

Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies, such as:

Arson;
Burglary;
Kidnapping;
Rape; and
Robbery.

For example, Dan and Connie rob Victor's liquor store, but as they're fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death even though neither of the robbers actually did the killing.

Like I said, I'm aware of what the felony murder rule is; just this case seems to stretch it's application.

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30-03-2017, 06:16 PM
RE: Strange legal case
Not a criminal lawyer, but this doesn't really surprise me and I'm pretty sure there is precedent for it. Felony murder means everyone who participates in a felony crime is equally responsible for the totality of the results of the crime, even if they didn't realize there would be a murder. In this case, the killing of the 3 yahoos wan't a murder, but their deaths was the direct result of the underlying felony. If the OK statute is written to cover that situation (and I suspect it is), then Little Miss Stupid is up a creek.

The moral to the story is don't be a felon and don't plan to provide a getaway for felons and this won't be a problem for you.

Shackle their minds when they're bent on the cross
When ignorance reigns, life is lost
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30-03-2017, 06:20 PM
RE: Strange legal case
(30-03-2017 06:16 PM)BnW Wrote:  The moral to the story is don't be a felon and don't plan to provide a getaway for felons and this won't be a problem for you.

Damn! Crosses that off my todo list for tomorrow.


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And without so much as a mere touch, cut me into little pieces

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30-03-2017, 06:27 PM
RE: Strange legal case
(30-03-2017 06:20 PM)Momsurroundedbyboys Wrote:  
(30-03-2017 06:16 PM)BnW Wrote:  The moral to the story is don't be a felon and don't plan to provide a getaway for felons and this won't be a problem for you.

Damn! Crosses that off my todo list for tomorrow.

Sure Bubbles we all believe you. Smile Thumbsup

(31-07-2014 04:37 PM)Luminon Wrote:  America is full of guns, but they're useless, because nobody has the courage to shoot an IRS agent in self-defense
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30-03-2017, 06:32 PM
RE: Strange legal case
(30-03-2017 06:27 PM)Revenant77x Wrote:  
(30-03-2017 06:20 PM)Momsurroundedbyboys Wrote:  Damn! Crosses that off my todo list for tomorrow.

Sure Bubbles we all believe you. Smile Thumbsup

Aaaand there it is. Hobo


But as if to knock me down, reality came around
And without so much as a mere touch, cut me into little pieces

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30-03-2017, 06:32 PM
RE: Strange legal case
The 3 invaders wouldn't have been shot & killed, if there had not been any felons about to commit their business, in that home? And the driver drove them to the crime knowing they'd attempt some crime?

Even if I could agree to be the getaway driver for a crime, I might be dissuaded from doing so, if I thought the actions of my dumb ass friends could land me in prison for the rest of my life! Confused

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30-03-2017, 06:40 PM
RE: Strange legal case
(30-03-2017 06:32 PM)TheGulegon Wrote:  The 3 invaders wouldn't have been shot & killed, if there had not been any felons about to commit their business, in that home? And the driver drove them to the crime knowing they'd attempt some crime?

Even if I could agree to be the getaway driver for a crime, I might be dissuaded from doing so, if I thought the actions of my dumb ass friends could land me in prison for the rest of my life! Confused

In fact, the actions of your friends might very well land you in prison for the rest of your life. -And even with careful planning, you can't really prepare for every possible outcome. It sucks, but when you veer off the tracks of lawful behavior, you're taking responsibility for the outcome of all connected events.

Please don't be a getaway driver. It's douchy anyway.
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30-03-2017, 06:50 PM
RE: Strange legal case
(30-03-2017 06:20 PM)Momsurroundedbyboys Wrote:  
(30-03-2017 06:16 PM)BnW Wrote:  The moral to the story is don't be a felon and don't plan to provide a getaway for felons and this won't be a problem for you.

Damn! Crosses that off my todo list for tomorrow.

Seriously, NOW what am I supposed to do this weekend?

Shackle their minds when they're bent on the cross
When ignorance reigns, life is lost
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31-03-2017, 03:35 AM (This post was last modified: 31-03-2017 03:46 AM by Chas.)
RE: Strange legal case
(28-03-2017 03:52 PM)Carlo_The_Bugsmasher_Driver Wrote:  
(28-03-2017 01:07 PM)Aliza Wrote:  That's not strange at all.

During the commission of a felony, the perpetrators are responsible for the outcome of events. Plain and simple. The getaway drive sounds like he or she should indeed be charged with the murders of the three robbers.

Don't want to be convicted of felony murder? Then don't commit a felony because you can't guarantee that no one will be killed during the commission of your felony.

Edit: I just got home and read the full article. The get-away driver sounds guilty of everything. She knew full and well that burglary was a felony and by committing a felony, she was taking responsibility for everything else. While she might not have fully understood her culpability, ignorance of the law has never been an excuse. It sucks, but that's the law. If convicted, she'll likely spend the rest of her life in prison. She threw her life away with one stupid action.

Here's the problem; felony murder usually applies if you or another accomplice cause the death of another during the commission of a felony. Sacco & Vanzetti, John Evans & Wayne Ritter are a couple of examples where the felony murder rule applied. But in this case, the deaths really can't be attributed to the perpetrators as it was a self defense shooting by another party not related to those involved with criminal activity. It really seems like a stretch in this case.

Had there been no commission of the felony, there would have been no deaths. No stretch at all.

Quote:According to the Daily Mail, Rodriguez planned the burglary and drove the three teens to Peters' home. She waited in the driveway while they broke into the house and drove off when she heard gunshots. She later turned herself in, revealing the names of the three suspects.

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