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Now, IMO
1. She took her friends to burgle a house a SECOND time that day
2. Burglary is a felony, as is conspiracy.
3. Friends got shot and killed in the commission of the felony(s)
4. She is charged with Murder under Felony Murder Rule.
5. She is talking to the police and the media without a lawyer of her free will
6. Prison for life
IMO
It's a matter of intent and foreseeability.
If he was gonna just try and score some coke and pay for it, then no prolly no felony murder for you imo
If he was gonna rob him, and you knew it...yes. Felony murder would likely apply to you.
I didn't make the law, that's just the way it is written in most states
And sometimes it's a stupid law....and lots of times it ain't.....
And convoluted hypotheticals can be made up and argued all day long.
Prosecutors don't have to pad resumes there are plenty of criminals
She is talking to the police and media freely and without an attorney.....
That's insanity......lol
They were wearing black masks.
How could any rational human being think he was not being robbed?
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Here in Canada, should you find yourself in the unfortunate position where you must defend yourself with deadly force, you will be arrested and charged with a crime.
The above paragraph was copied from here.... this website says that you will probably be found not guilty after an expensive legal battle. But at least you and your family are still alive. Just poorer.
It's retarded.
I miss the USA.
I'm not defending the criminal here, just wondering out loud.
Make my day law is pretty well known in Oklahoma. Trespass/plan/involve with bad intentions, be prepared to pay the ultimate price(s). Also, looks like open carry, no permit, is coming too.
Pit Row
http://americangg.net/dead-criminals-family-complains/
But I understand why they do it, it helps prosecutors with dead end investigations. If we get to disregard personal responsibility we can just charge everyone with the same crime regardless of their involvement. It removes much of the scrutiny that is supposed to take place in a criminal case.
Don't mistake any of this as sympathy for the criminals involved.
-She was responsible for robbery, yes.
-She put them in harm's way, yes.
-She is partly responsible for their deaths, yes.
-Did she plan and execute their demises? No. That's my point. This is 2nd-degree all day long. (Or Manslaughter.)
I'm not a lawyer so obviously I'm missing some of the finer points, but I think it will be hard for the DA to convince a jury that she thought about and intended for her accomplices to die, a requirement for 1st-degree murder. (Right???)
It will be interesting to see how this plays out. Either way, she is screwed.
First Degree Murder: Definition
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of his house, Dan shoots and kills him.
Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies, such as:
Arson;
Burglary;
Kidnapping;
Rape; and
Robbery.
For example, Dan and Connie rob Victor's liquor store, but as they're fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death even though neither of the robbers actually did the killing.
It seems strange that Victor can shoot a man in the back and Connie can be charged with it. Oh well, play stupid games, win stupid prizes.
"As they're fleeing."
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