Emperor1956
Posts: 2370
Joined: 11/7/2005 Status: offline
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quote:
dcnovice: You mentioned, Emperor, that many states have felony-murder statues, so I'll take it on faith that they have some merit. That's hard to see from this hypothetical, though. DC, and all: Is "felony-murder" a good idea? The history of the felony-murder doctrine is one of many that show how a "good idea" in the law can turn wrong if rigidly applied. The original concept -- that a death occuring in the course of a felony should be upgraded to a murder charge -- makes some sense. For example, a gun held by one of the robbers goes off during a bank robbery, and the bullet ricochets and kills a bystander. Manslaughter? Negligence? The doctrine says "no, the death occured during the commission of a felony, we want to discourage that sort of dangerous conduct, therefore we charge it as murder." I have no problem there. Now, the gun goes off, but this time it kills a fellow robber? Same result. Are you troubled by that? The gun goes off and the bullet strikes no one, but during the robbery, an elderly customer of the bank has a fatal heart attack. Same result. Does THAT one trouble you? No gun is used, in fact the robbers are not armed, but the same elderly customer has a grabber, and dies. Felony-murder? You bet. How does that case sit with you? The hypothetical in the OP is based on some actual cases. Among my favorite "Felony-murder" dilemmas are like the hypo in the OP where the only violence against anyone in the commission of the felony is that an incompetent cop kills a "co offender". Another favorite is a real case in Pennsylvania where an arson-for-hire scheme goes wrong. The owner of a warehouse hires a guy to torch the warehouse (a felony). The hired torch hires his brother-in-law to do it, and gives bro.inlaw very specific instructions on how, because bro.inlaw is pretty clearly mentally challenged. The instructions in essence are: 1. Set the UNPLUGGED hotplate on the pile of dry lumber in the warehouse. 2. Fill the large metal pan with gasoline. 3. Put the pan full of gasoline on the COLD, UNPLUGGED hotplate. 4. Set the hotplate to HIGH. 5. Plug in hotplate. 6. Get the hell out of the building, get in your car, and drive home. However, bro.inlaw doesn't QUITE get it, starting instead with step 4, going on to step 5, and THEN filling the pan with gas and putting it on the already quite hot plate. This causes a flashover, and bro.inlaw is incinerated. The legal outcome? The warehouse owner, sitting 40 miles away in his comfy armchair is tried and convicted for the murder of the hapless arsonist. The charge is murder based on the arsonist's death in the commission of a felony. Doesn't quite seem fair, does it? E.
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"When you wake up, Pooh," said Piglet, "what's the first thing you say?" "What's for breakfast? What do you say, Piglet?" "I say, I wonder what's going to happen exciting today?" Pooh nodded thoughtfully. "It's the same thing," he said.
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