this post was submitted on 10 Sep 2024
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This is probably "felony murder". The rule here is that if you are committing some kind of felony, and someone dies as a result, then you are guilty of murder for that person. This bypasses all of the usual intent filters between first degree murder, second degree murder, and manslaughter.
Classic example: you and a friend decide to hold up a bank. It goes sideways and a bank security guard shoots and kills your friend. You are guilty of murder because your friend died because you both decided to commit a felony.
It is a stupid law being applied in the most ridiculous way, by being punished for the police's actions.
They fired at the police and one died as a result. They were all charged with murder.
Seems the law is being applied correctly.
As for the law itself I'm pretty torn on this. If someone dragged my kid along to a crime and they died as a result I'd have no problem with them getting charged for their murder.
And what if someone dragged your kid along to a crime, then got themself shot and your kid now has to spend basically their whole life in jail?
That's exactly why I'm torn. Be pretty hypocritical not to allow it to be applied the other way right?
And it was 25 years anyway for the crime plus it seems there was a lot more going on in this case including a couple other murders.
No, it's not hypocritical because you're missing (or ignoring) intent. Someone pressures your relative into doing a crime, reluctantly. Now the other criminal gets killed and your reluctant relative is on the hook for a murder they didn't commit during a crime they didn't really want to be a part of.
That is in no way comparable to a mastermind gathering a bunch of stooges for a suicide mission and getting them to commit death by cop.
Fair point.
But here he did shoot at the cops.
No there wasn't. That was a separate case that we don't know the disposition of. That commenter brought them in but in any court that kind of argument is banned unless they were convicted or it's part of the matter before the court.
Yeah, that's not really what happened.
You are missing the point of the argument. Prison is supposed to be for rehabilitation anyway; except in extreme circumstances. This type of law and sentence only exists to feed the for-profit prison system.
Most importantly! Why the fuck are common thieves being put in prison for life when the Boeing execs — whose premeditated fraud directly killed of hundreds of people — are chilling with the plutocracy on their 3rd yacht?
I mean they're being put away for shooting at the cops and robbing people.
But your point about the execs stands.
This case does seem pretty open and shut tbf.
The top comment makes it seem like Smith wasn't some unwilling participant in the burglaries
Which has dick all to do with the murder charge. It is not normal to charge someone for a murder they didn't commit.
Hey, don't blame me, I'm just replying to them. I wasn't the one to bring it up