Comments on: Police and prosecution roundup

By: Richard

Richard — Tue, 31 Jul 2018 22:06:51 +0000

In reply to cc. There has to be more than innocent companionship or geographic proximity. A necessary element for conviction under the felony murder rule is that the defendant be committing a qualifying underlying offense--the "felony."

By: SPO

SPO — Tue, 31 Jul 2018 20:16:05 +0000

In reply to cc. That's not how it works--an innocent act cannot be the basis of a felony murder.

By: cc

cc — Tue, 31 Jul 2018 16:05:24 +0000

The felony murder rule is a huge injustice. It states that if you are with someone who commits a crime that results in murder, you are also guilty. It leads to insane things like Joe borrows Jim’s car (even without Jim’s knowledge) and ends up killing someone (hit & run, gunfire) and Jim is also guilty. Or a bunch of guys are just hanging out and one of them pulls out a gun and shoots someone. So this is the first time in a while that I approve of something from the Calif legislature.

By: SPO

SPO — Tue, 31 Jul 2018 11:31:05 +0000

With respect to the parking lot shooting, the guy wasn’t standing his ground. He was on the ground.

His actions appear indefensible from a moral standpoint, but how would we view the situation if, out of the clear blue sky, the assailant had shoved him to the ground? Legally speaking, is that guy in any different position? Telling someone to get out of a handicapped parking space doesn’t appear to be provocation under Florida law.