Monad Portal
Was it me?
I disagree. But you cray cray, so say anything that makes you feel good.
reuters said it too.
I disagree. But you cray cray, so say anything that makes you feel good.
reuters said it too.
Not a lawyer, but if a person is killed in the commission of a felony, then can't all of those involved in the felony charged with the death?
awesome. the whole thing should be laughed out of congress.
that would be an intelligent reaction to this knowledge.
but again, you choose stupid.
Not always. What you are talking about is called Felony Murder in most places. It doesn't mean that if someone happens to die in the proximity of a crime you are a murderer, the death has to be caused by the actions of those involved in the crime. If I go into a bank to rob it for example, and somebody runs into the street in front of the bank and gets hit by a bus, that would not be felony murder... If I go into that same bank to rob it, and one of my accomplices shoots one of the folks in the bank I am as culpable as they are for the murder even if I never signed up for that.
Agreed. Hence, any plot to over throw the nation, the election or simply disrupt Congress through violence has to include the reasonable risk that some people will die, as they did. Five of them that day. However, one of them was shot as a terrorist broaching a final barrier to Congress. While it seems clear that Babbitt was just a Qanon nutjob the fact remains that those behind this plot had to expect people to be killed as a result.
Not a lawyer but logically this seems to mean that if it's proved there was a plot and there is evidence beyond a reasonable doubt that there was a plot then all of those involved with the plot would be guilty of the results of that plot such as five deaths including the shooting of Ashli Babbitt.
Yeah, incidental death (like heart attacks) do not count. Nor would deaths elsewhere, like near the capital building. It isn't a thing you get to stretch over the entire city because some folks are doing something over there, while others are doing something in this building...
Ashli Babbit's death would not be felony murder for those who entered the building. You can't just say, "somebody died, therefore it is all their fault", it just doesn't work that way.
Agreed. Hence, any plot to over throw the nation, the election or simply disrupt Congress through violence has to include the reasonable risk that some people will die, as they did. Five of them that day. However, one of them was shot as a terrorist broaching a final barrier to Congress. While it seems clear that Babbitt was just a Qanon nutjob the fact remains that those behind this plot had to expect people to be killed as a result.
Not a lawyer but logically this seems to mean that if it's proved there was a plot and there is evidence beyond a reasonable doubt that there was a plot then all of those involved with the plot would be guilty of the results of that plot such as five deaths including the shooting of Ashli Babbitt.
It cannot be argued, however, that is was murder. Those kind of things do not count, it has to be through direct action of someone who is also committing the crime. If you are robbing the bank and someone on the street has a heart attack it is not felony murder. Proximity does not make every single death their responsibility.An interesting point since a case could be made that, due to age and physical fitness of the participants, deaths from heart attacks could be expected but such a mass of people would prevent medical assistance....as did happen.
Agreed deaths would have to be related to the plot.
Agreed on those who wandered in. I'm specifically addressing those involved in the plot to overthrow the election be they in the WH or in the militias.
But it's not "on the street". If someone starts a riot in order to rob the bank and someone dies as a result of the riot, can they be charged with homicide since the events are connected?It cannot be argued, however, that is was murder. Those kind of things do not count, it has to be through direct action of someone who is also committing the crime. If you are robbing the bank and someone on the street has a heart attack it is not felony murder. Proximity does not make every single death their responsibility.
You have any evidence of your wild claim?
But it's not "on the street". If someone starts a riot in order to rob the bank and someone dies as a result of the riot, can they be charged with homicide since the events are connected?
But it's not "on the street". If someone starts a riot in order to rob the bank and someone dies as a result of the riot, can they be charged with homicide since the events are connected?
An interesting point since a case could be made that, due to age and physical fitness of the participants, deaths from heart attacks could be expected but such a mass of people would prevent medical assistance....as did happen.
Agreed deaths would have to be related to the plot.
Agreed on those who wandered in. I'm specifically addressing those involved in the plot to overthrow the election be they in the WH or in the militias.
Not for a heart attack that was just nearby. This is the issue. Someone who came to the capital on that day even if they are not part of the protest has a heart attack does not mean it was caused by the riot, this would not be felony murder. You simply cannot prove that their action caused the heart attack, no matter how much you may want to believe it was.
Not for a heart attack that was just nearby. This is the issue. Someone who came to the capital on that day even if they are not part of the protest has a heart attack does not mean it was caused by the riot, this would not be felony murder. You simply cannot prove that their action caused the heart attack, no matter how much you may want to believe it was.
Its possible that the organizers could be charged for Felony murder of the woman who was killed by the police.
Its possible that the organizers could be charged for Felony murder of the woman who was killed by the police.
Florida and the Felony Murder Rule
In the state of Florida, a homicide or the death of a human being can be considered as a felony murder under certain conditions. The prosecutor has to prove that the person who committed the murder had a significant role in the felony, i.e., they intended to participate in the felony even if they didn’t perform the killing.
Only then can the state charge the person for first-degree murder. Felonies under the laws in Florida include but are not limited to sexual battery, burglary, with home-invasion and kidnapping. These felonies are listed under state laws and a person can consult their attorney to find out the specific details for each case.
Also not in Florida... the person committing the felony must do the killing.... You would have to prove that the cop who shot Ashli was part of the criminal conspiracy in order to charge the folks involved in the conspiracy with her death and that he intended to participate in the felony regardless of whether he intended to shoot somebody...
If you proved the cop that shot her had a significant role in the conspiracy, you'd have a point, but you really don't here.
Florida and the Felony Murder Rule
In the state of Florida, a homicide or the death of a human being can be considered as a felony murder under certain conditions. The prosecutor has to prove that the person who committed the murder had a significant role in the felony, i.e., they intended to participate in the felony even if they didn’t perform the killing.
Only then can the state charge the person for first-degree murder. Felonies under the laws in Florida include but are not limited to sexual battery, burglary, with home-invasion and kidnapping. These felonies are listed under state laws and a person can consult their attorney to find out the specific details for each case.
Agreed it depends upon what DC law says on it but I'm certain it's damn close to your quote of Florida:
That's First Degree Murder, not just homicide such as third-degree or manslaughter. The plotters would be complete fucking morons to not think that people would die as a result of their actions.
Five died on 1/6. The DCPD has taken a huge psychological hit as a result. There's a lot of harm that was caused by actions of the plotters. Shouldn't they be held accountable for their actions? What happened to those who truly believed in personal accountability?