On 1/6/2012 6:36 PM, Leon wrote:
On 1/6/2012 4:55 PM, Larry W wrote:
In ,
wrote:

I'm in the choir, and well aware of, and completely fine with, the
justification for felony murder charges in the above scenario, but you
do see the stark difference?

You really have to stretch logic, common sense and reality to invoke
felony murder charges in the case I remarked upon.

Without being familiar with the specific laws where it occurred,
how can you say?



Common sense.

You are riding in the car with a friend, he runs a red light gets hit
and is killed. You are charged with murder because you were riding with
out wearing a seat belt????

No. because (a) the two of you were not involved in the commission of a
felony, and (b) it was not reasonable foreseeable that your failure to
buckle up would kill anyone.

Now, if you were committing an armed robbery of a convenience store, and
the store clerk shot and killed your partner in crime, you convicted of
murder for the death of your partner. But for the chain of the events
resulting from your decision to commit a felony, no death would have
occurred, and it is reasonably foreseeable that your intended victim
might try to defend himself. Your intent to commit a felony transfers to
an intent to be responsible for the results, including someone's
potential death. There's no problem with holding you responsible for
the consequences of that decision.