charge the capitol attackers with felony murder

[rdking647]

they committed a felony attacking the capitol
a woman was shot and killed by police during the attack
under felony murder laws any of the attackers could be charge with murder for her death

[rzemanfl]

1. What law school did you go to? n/t

[rdking647]

3. a good friend of mine is a prosecutor in texsa

I asked her about his and she said that is generally how the felony murder laws work.
she said that if this occurred in texas they could face murder charges

[onenote]

5. Your friend needs a refresher course in criminal law.

The Felony Murder rule does not apply when the "murder" is committed by a law enforcement officer acting within the scope of their authority.

The various reasons that Felony Murder charges could not be brought against the insurrectionists are explained in this article, which specifically notes that "The Felony Murder Rule applies only when a specified violent crime (e.g., robbery) occurs and the principal or an accomplice commits a murder. Today, a police officer—presumably in self-defense—shot the victim. The Rule does not apply."

https://lawandcrime.com/legal-analysis/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/

[Vivienne235729]

8. ok, so it can't it be argued that in the spirit of the federal murder statute,

we can pursue murder charges as it is very narrowly defined.

But can't we argue that everyone there can be charged with treason? They had a cooler of molakov cocktails and PVC pipe bombs.

(a)Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully injures, destroys, contaminates or infects, or attempts to so injure, destroy, contaminate or infect any national-defense material, national-defense premises, or national-defense utilities, shall be fined under this title or imprisoned not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

https://www.law.cornell.edu/uscode/text/18/2155

[rzemanfl]

7. There is a long discussion of this topic here-

https://www.msn.com/en-us/news/crime/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/ar-BB1cxwpI?mc_cid=c8c72d54e5

What constitutes felony murder depends on the jurisdiction.

[exboyfil]

2. Definitely the guy who looks like a staffer

behind her that was wearing a suit and an ID. I want to know more about him. Too bad in the age of Covid, identification is harder.

[Varaddem]

4. They planned to kidnap and kill members of Congress

There were no innocents in that crowd. Who would have thought you could invade the capitol without being shot?

[Gothmog]

6. This is appropriate