OT way OT but GOOD for Mom!

[Leon]

I think you may have that mixed up with when a police officer looses his life during a criminal act, all involved will be charged for his murder.

[Swingman]

I'm in the choir, and well aware of, and completely fine with, the justification for felony murder charges in the above scenario, but you do see the stark difference?

You really have to stretch logic, common sense and reality to invoke felony murder charges in the case I remarked upon.

Again, Asshat lawyers playing games with the legal system by shading what should be the even hand of justice.

[CW]

And if he's outside - drag him inside! =========================================================== I hope you're joking.

[CW]

In NY City a group of 5 is being held, because 1 of them shot and killed a policeman who had cornered him in the residence. The rest were lookouts and/or otherwise accomplices. They are all facing charges of murder of some kind now, although only 1 of them did the deed. He was arrested and let go in spite of a NC/SC arrest warrant, but the down south authorities didn't want to come and get him. Apparently that was enough reason to let him free, damn the judge involved. Oh, yes, the gun used was an illegal weapon.

==============================================================

You mean that the criminal didn't go down to a gun shop, fill out the paperwork, wait several days, have a criminal background check done, then come back and pick up his gun so he could go out and commit a crime? Damn criminals, you pass all these laws and they still don't do it right.

[Just Wondering]

It's not conspiracy to commit murder, it's a crime known as "felony murder." Most states have a criminal statute that says if a person is killed during the commission of a felony, the death is classified as a murder, and every person involved in committing the felony is guilty of the murder.

That's the risk a person takes when deciding to commit a felony.

[HeyBub]

No, no, no! How would you explain the trail of blood?

The location of the assaulter is irrelevant. Whether he's in your bedroom or across the street shooting at you with a rifle, you almost always have the right (and I would say the duty) to respond with lethal force.

It's the imminence of the threat, not its location of the perp, that determines.

If, for example, you shoot through the door, your explanation to the cops goes something like this:

"He was pounding on the door! He screamed he had an axe and was going to chop down the door! He screamed when he got through the door he was going to chop me! Then I, in fear of my life, discharged my weapon..."

[HeyBub]

Good explanation. Let me expand it a bit:

A homicide (killing of one person by the actions of another) occurs during the commission of a felony, the homicide is Felony Murder. All individuals involved in the original felony are guilty of the crime. Note that the person committing the homicide need not be the felon (as it was in this case). In the extreme, during a riot, if a homicide occurs, ALL involved in the riot are guilty of murder.

We had a case in my town, May 15-16, 1967, where 489 people were initially charged with capital murder (killing of a police officer).

[Larry W]

Can't speak about a home invasion, but I personally have experienced, in a large eastern center-city neighborhood, police no-show to a 911 call for firearms being discharged on the street outside my (former) home.

[Morgans]

"Leon" wrote Does any one "just" own "a" gun? ;~)

Yep. A Stevens savage pump 12 gauge. Stored with trigger lock key handy and loaded.

-- Jim in NC

[Larry W]

Without being familiar with the specific laws where it occurred, how can you say?

[Swingman]

I only own one ... a Remington Model 11 20 ga which my father gave me when I was nine. No shells are in the house.

My house was burglarized back in the 70's. My deer rifle was locked and loaded and I found it on couch, ready to shoot whoever walked in the door during the burglary; my 45 pistol was stolen and used to rape my neighbor across the street.

After that incident, I no longer keep ammunition in any house I've lived in, you burglarize my home you need to bring your own.

[Swingman]

You're kidding right? Logic dictates that if they charged the dude, the state where it happened must have a felony murder statue, eh?

All it takes for the rest of my statement is to be familiar with the common law concept of _legal fiction_, which by its very definition includes defying logic, common sense, and reality.

[Larry Blanchard]

Actually, that was advice from a southern policeman about 50 years ago. It wouldn't work today :-).

[Larry Blanchard]

At least in some states, if you are involved in a felony and that felony results in a death, you are responsible for that death. Period.

[HeyBub]

Better check your definitions.

Homicide = Killing of a human being by the actions of another Murder = Homicide with premeditation and malice or homicide committed during the commission of a felony. Note the person committing the homicide need not be the felon (as in defense of self).

[Larry Blanchard]

Leon, I hope you read the responses explaining what felony murder is. You may not agree with it, but that's the law. You wanna' commit a felony? Them's the risks you take.

[Swingman]

My bet is that Leon is well aware of what felony murder is. What he is doing is reacting as a logical individual with common sense and respect for reality would instinctively do when confronted with the practice of legal fiction.

His recognition of this as being somehow not what the actual truth would dictate, is as it should be, for the lawyers have perfected it in many subtle ways to play loose with the legal system... just because it is "legal" does not mean it is either right, moral, ethical, logical or, as is evident in this particular case, even anywhere the truth of what actually happened.

Your politicians are masters of the game and, along with the lawyers, use it as their business model ...

[Larry Jaques]

Wouldn't 2 appear to be 4 then?

-- It takes as much energy to wish as to plan. --Eleanor Roosevelt

[Larry Jaques]

That's entirely illogical, Swingy. Keep a loaded weapon (or ten) and extra ammo for each in a handy safe if nothing else. With no ammo, the gun is useless to YOU, too, in case of emergency. A gun safe allows you to keep them around with no chance of the perps stealing them.

-- It takes as much energy to wish as to plan. --Eleanor Roosevelt

[Larry Jaques]

Shakespeare's Henry VI, part 2, Act 4, Scene 2 You said it, Dick!

-- It takes as much energy to wish as to plan. --Eleanor Roosevelt