this post was submitted on 10 Sep 2024
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US Authoritarianism

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[–] [email protected] 5 points 2 months ago* (last edited 2 months ago) (6 children)

Body cam shows A’Donte Washington charging the officer with a drawn weapon,

Unsurprisingly there's no footage of this other person in that link. Not that that would justify putting an innocent person in a cage.

There were five teens involved in this burglary, Smith was the only one who did not take a plea deal.

Why would anyone take a plea deal for a murder that they didn't commit? The real problem here is this scam of forcing people into plea deals by threatening them with insane punishments in a fundamentally unjust system. It's gross when people act like refusing a "deal" is some kind of guilt. It's mostly likely the opposite.

The day before this burglary...

That's irrelevant to the cop murdering this kid.

... Smith and others were involved in the murder of another man.

Even if this were relevant, did this even happen? Your article is from 2016 says nothing about Lekeith being convicted.

More generally it's amazing how "normal" people are brainwashed enough to post this kind of copaganda word salad.

There's no "opinion" here. Teenagers shouldn't be convicted for murders committed by cops. It's that simple.

[–] [email protected] 28 points 2 months ago

It's really important to know the details because it's the details that allow us to parse and challenge injustice effectively.

Knowing the context of Felony Murder and how it applies to this sentencing is not saying 'this is fine then, no worries'. Rather, it means we can actually talk about the systematic issues in the legal system that enable things like this.

The comment you replied to was in no way 'word salad' or 'copaganda', it was context.

[–] [email protected] 24 points 2 months ago (2 children)

Whatever your opinion about this situation, you will be better served by presenting it alongside a more complete and accurate respresentation of facts than this screenshot of a tweet contains.

[–] [email protected] 19 points 2 months ago

Body cam shows A’Donte Washington charging the officer with a drawn weapon,

... so this does not appear to be a case of abuse of force. That is the context here, which I made sure to include in the sentence you selectively edited.

[–] [email protected] 14 points 2 months ago (1 children)

So let's be clear here, he was charged with felony murder of his accomplice in a dangerous felony. Felony murder is the crime of killing of a person in the commission of a dangerous crime.

It's pretty debatable if it makes sense to charge someone for felony murder if they were an accomplice, but that's a different discussion than the framing of "charged for a murder committed by cops". The cops didn't murder this guy, it seems pretty clear that the cops acted in self defense here. So it's not like they transferred the "blame" as it were from murderous cops to an innocent kid.

The reason felony murder exists is that even if there was no actual intent to kill, the risk of death during a dangerous crime is so high it becomes reckless. There's a similar crime of depraved heart murder where the act that causes the death of someone is so dangerous that one could only do it if they had no concern of killing someone. You go into a felony knowing someone could get hurt or killed and do it anyway, so you are responsible for the consequences whether you "pulled the trigger" or not. A more common example would be if you and a buddy are robbing a bank and your buddy kills a teller or a cop, you get charged with felony murder.

[–] [email protected] 4 points 2 months ago (1 children)

It's pretty debatable if it makes sense to charge someone for felony murder if they were an accomplice

That's is the felony murder rule. It's a transfered intent doctrine. I don't think the rule itself is very controversial. This isn't even a controversial application of the law except for the length of the sentence and the age of the offender. While those are motivating factors at sentencing, others have posted the many aggravating factors that apply in the case. And while prior convictions and prior arrests aren't relevant at the trial, they are relevant at the sentencing.

[–] [email protected] 2 points 2 months ago (1 children)

It's part of felony murder but not the whole thing. The other parts of felony murder are if your accomplice intentionally kills someone or the death of someone is caused without intent (such as hitting a pedestrian while fleeing).

I could make the argument that by participating in a felony, accomplices are accepting the inherent risk, so if they happen to get hurt or killed that's on them and shouldn't be considered felony murder.

[–] [email protected] 2 points 2 months ago* (last edited 2 months ago)

That first part is the same part. It's the same thing. Transferred intent. Your accomplice intends the foreseeable consequences of their actions, and you theirs.

I could make the argument that by participating in a felony, accomplices are accepting the inherent risk, so if they happen to get hurt or killed that's on them and shouldn't be considered felony murder.

Sure, I suppose that's as logical of a thing to do. It's because of public policy and the social economics of it that we don't. We as a society and our legal system, at our best, should be indemnifying, like, employees that get hurt on the job, firefighters that get lung cancer and such, delivery drivers that get bit by dogs, Major League Baseball (/s), and gun manufacturers (/s), not convicted felons who conspired to do a thing that could foreseeably and then did get their accomplice killed. They don't have the political capital to get a law like that passed. Just, as a group, not a lot of lobbying money for convicted felonious coconspirators whose accomplice died in the course and scope of it.

It's only felony murder when the accomplice is killed by something that justifies making the conduct illegal in the first place. That limits the concern of runaway criminal liability. Also I think just doctrinally, one can't assume a risk of wrongful death; it would essentially legalize negligent or reckless homicide.

[–] [email protected] 5 points 2 months ago (1 children)

The parent comment doesn't appear to be copaganda, or even have a stance one way or the other. The comment is context, which is important for discussing the issue at hand. Because of the context, we should not be discussing police brutality or excessive use of force in this case, we should be discussing the immorality of a justice system which allows someone to be charged with felony murder in the case of an accomplice.

To clarify, if this group of teens broke into a home and shot the homeowner, that would be a justified charge of felony murder for all the accomplices. However, their friend chose to essentially commit suicide by cops, and the convicted was running away at the time. Again, the parent comment did not make any qualifiers on the actions of the cops or anyone else present, they posted context with which other commenters can frame their discussion. Nowhere in their other comments could I discern a pro-cop stance, reading with an objective eye. Reactionary pointing of fingers just discourages future posters from providing context.

Before you accuse me of copaganda as well, ACAB, systemic racism is a huge problem in the US, and our justice system is rigged against the most vulnerable.

[–] [email protected] 1 points 2 months ago (1 children)