On Sat, 07 Jan 2012 10:32:09 -0600, Leon lcb11211@swbelldotnet
wrote:

On 1/7/2012 9:40 AM, Larry Jaques wrote:
On Sat, 07 Jan 2012 08:57:52 -0600, Leonlcb11211@swbelldotnet
wrote:

On 1/7/2012 7:46 AM, HeyBub wrote:
Swingman 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.

Again, Asshat lawyers playing games with the legal system by shading
what should be the even hand of justice.

Let's posit a hypothetical: Two men agree to rob a bank. One will do the
robbery, the other will drive the getaway car. During the robbery, a teller
is shot and killed.

Do you actually think robber #2 can be charged only with double-parking? No,
you might say, he's guilty only of robbery. But HE didn't rob anybody or
even attempt to do so! He was merely sitting in the car outside the bank
with the engine running.

The sequence here is that when more than one person participates in
committing a crime, each member of the gang is equally responsible for any
act that any member undertakes.



Lets change that story to a friend drives another to the bank to make a
deposit. The friend ends up robbing the place and gets killed. Now you
go to jail responsible for his death.

That's where the law can fall down. It leaves it up to the DA whether
or not to prosecute the driver as a getaway conspirator or just let
him go as an unsuspecting friend.

In places like Gnu Yawk ****ty, with foaming-at-the-mouth liberals
like Bloomberg and his pet DA, you're hung before you're arrested.

Now you are seeing the light, I think. ;~) We would like for the other
guy to get the worse punishment, that would make us all feel good. But

The second perp need to be punished, and heavily.


not actually knowing all the facts does he really deserve it?

If I were the DA, I'd have that mindset going into it, then let the
facts bring it into focus. I'd want to get the guy on tape as to what
his mindset was at the time of the incident. Who brought whom into
the picture, what they were planning, etc. If he wanted to rape the
woman and got the dumb moose to break the door in for him, I'd want
him hung (or better.)

--
Worry is a misuse of imagination.
-- Dan Zadra