General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTell me if I'm right. If one is party to a crime wherein an individual is killed ...
is not EVERY FUCKING PERSON involved in the commission of said crime guilty of that death, under either murder or manslaughter statutes? I believe that's the case.
So I can't help but wonder if a murder rap might wipe the smile of the face of that smirking punk with his feet up on Speaker Pelosi's desk, while perhaps also bringing to an end the celebratory gloating on the part of every other criminal who illegally trespassed onto federal property and then walked away unscathed.
Now it's out turn. "LOCK THEM UP!"
mr_lebowski
(33,643 posts)I think the idea was that you don't get off the hook for only being the driver of the getaway car ... or the kingpin of a criminal outfit who never actually did any of the dirty work themselves.
Bluethroughu
(5,186 posts)Lock them up.
Accountability, for everybody including any federal official, cop, civilian, anyone there who incited the insurrection, allowed it or participated in it. Prison.
meadowlander
(4,402 posts)they you are in the shit for everything that happens as a result even if it is unintentional and you weren't actually there at the time.
https://en.wikipedia.org/wiki/Conspiracy_(criminal)#United_States
"One important feature of a conspiracy charge is that it relieves prosecutors of the need to prove the particular roles of conspirators. If two persons plot to kill another (and this can be proven), and the victim is indeed killed as a result of the actions of either conspirator, it is not necessary to prove with specificity which of the conspirators actually pulled the trigger. (Otherwise, both conspirators could conceivably handle the gun, leaving two sets of fingerprints and then demand acquittals for both, based on the fact that the prosecutor would be unable to prove, beyond a reasonable doubt, which of the two conspirators pulled the trigger.) A conspiracy conviction requires proof that (a) the conspirators did indeed conspire to commit the crime, and (b) the crime was committed by an individual involved in the conspiracy. Proof of which individual it was is usually not necessary."
https://en.wikipedia.org/wiki/Felony_murder_rule
"The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when an offender kills (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder."
"To avoid the need for reliance upon common law interpretations of what felony conduct merges with murder, and thus what offenses do and do not qualify for felony murder, many U.S. jurisdictions explicitly list what offenses qualify in a felony murder statute. Federal law specifies additional crimes, including terrorism, kidnapping, and carjacking."
Federal Law
https://www.criminaldefenselawyer.com/resources/felony-murder.htm
Federal law classifies felony murder as first degree murder. It lists the felonies that can form the basis for a felony murder charge in a prosecution by the U.S. government:
arson
escape
murder
kidnapping
treason
espionage
sabotage
sexual abuse
child abuse
burglary, and
robbery.
(18 U.S.C. § 1111(a).)
RockRaven
(14,998 posts)Some articles about it posted in other threads... Can't find at the moment, but Google felony murder and look for articles published in the last couple of days.
StarfishSaver
(18,486 posts)For example, if someone commits wire fraud and for some reason, in the course of the crime, someone dies, they would not be subject to a felony murder charge because the underlying crime of wire fraud is not inherently dangerous and it would not be reasonably foreseeable that someone could be physically harmed by it.
But an armed insurrection in which people, many of them armed, overpowered the police and stormed the U.S. Capitol clearly meets that criteria.
There would be some debate if the death of the woman shot by police would trigger (no pun intended) the felony-murder rule. But now that they police officer has died and, by my understanding, it was at the hands of the rioters, I think the felony-murder rule would no doubt apply.
StarfishSaver
(18,486 posts)It's felony murder.
The death of the woman shot by police might not be sufficient anchor for a felony murder charge. But the killing of the Capitol Police officer surely is.
ADK
(83 posts)Here is an analysis that seems fairly solid. https://lawandcrime.com/legal-analysis/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/
blm
(113,091 posts)would be the appropriate charge for Trump in this case.