On 1/6/2012 7:59 PM, Just Wondering wrote:
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.


OK you are missing the point here. I understand that some believe that
this falls under a felony murder law and the implications that go with it.

I am saying that it is stupid and because your buddy gets killed while
committing a crime is not reason to be charged with murder. If you were
not there, there would be no murder. Your being there and him being
killed as a result of self defense does not make you a murderer.

You and your buddy go in to a bar, he carries in a concealed gun with
out a license and you don't know it. He gets into a fight pulls his gun
but gets shot by the bar tender and dies. You are charged with felony
murder. Does that sound about right?









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.