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Posted: 8/30/2005 5:39:26 AM EDT
claytoncramer.com/gundefenseblog/blogger.html
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Posted: 8/30/2005 5:40:12 AM EDT
[#1]
pwn3d.
  Kharn |
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Posted: 8/30/2005 5:41:10 AM EDT
[#2]
pretty harsh
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Posted: 8/30/2005 5:44:16 AM EDT
[#3]
[nelson]HA HA[/nelson]
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Posted: 8/30/2005 5:47:26 AM EDT
[#4]
Wait... WHY would his brother be charged with killing him?
-Foxxz |
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Posted: 8/30/2005 5:47:46 AM EDT
[#5]
PWNED
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Posted: 8/30/2005 5:48:41 AM EDT
[#6]
Because they had no buisness in thast mans house, therefor he is in the wrong,and being alive makes him quilty.
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Posted: 8/30/2005 5:48:52 AM EDT
[#7]
Because he is the primary cause of the circumstances that led to his brother's death. |
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Posted: 8/30/2005 5:49:49 AM EDT
[#8]
Investigators said that since he died during the commission of a crime. anyone dies while you are commiting a crime, you get charged with that death. be it heart attack of the 7-11 clerk or shotgun to the head. |
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Posted: 8/30/2005 5:50:43 AM EDT
[#9]
"Accessory during the fact."
Just like somebody getting killed during a bank robbery. All the bad guys get charged with murder, including the getaway driver. They are all equally responsible for the crime. |
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Posted: 8/30/2005 5:50:44 AM EDT
[#10]
I love that law.
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Posted: 8/30/2005 5:52:14 AM EDT
[#11]
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Posted: 8/30/2005 5:52:24 AM EDT
[#12]
Felony Murder Rule:
If you engage in a felony criminal episode, and during that episode or the immediate flight therefrom anyone dies, including a co-conspirator, that death is pinned on all of the felons. Very old rule. |
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Posted: 8/30/2005 5:56:06 AM EDT
[#13]
One of the few laws that doesn't protect criminals. Good one.
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Posted: 8/30/2005 5:57:31 AM EDT
[#14]
Because in this wounderful country, you are never responsible for your own actions. It is always someone elses fault. In this case, they will blame him for his brothers death. |
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Posted: 8/30/2005 5:59:13 AM EDT
[#15]
Wow.
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Posted: 8/30/2005 7:29:07 AM EDT
[#16]
Actually, the remaining brother is being responsible for his actions. His own actions (as well as the dead man's actions) caused his brother do die. Since the criminal died during the commission of a felony, his cohort will be charged with his murder, as he is ultimately responsible. As for the felony murder rule... this rule was around when personal responsiblity was the "in thing" 
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Posted: 8/30/2005 7:40:10 AM EDT
[#17]
best news story ever
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Posted: 8/30/2005 7:41:22 AM EDT
[#18]
I'm good with it.
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Posted: 8/30/2005 7:44:08 AM EDT
[#19]
Ummmm, charging the criminals for deaths that occur during the commission of a crime IS holding them responsible. Did you even read the article? |
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Posted: 8/30/2005 7:44:23 AM EDT
[#20]
Exactly! A citizen defended himself, a bad guy ends up dead, and the other bad guy goes away for a stretch on murder because of the dead guy the citizen defended himself against! Society wins all around! |
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Posted: 8/30/2005 7:45:24 AM EDT
[#21]
Cry me a river.  This is AWESOME - and it forces people to be responsible for their actions. He CHOSE to engage in criminal activity with his brother, and someone DIED. As far as his culpability goes, it doesn't matter WHO it was that died - the homeowner, his brother, the kid next door - they died as a result of his deliberate actions, and therefore he is responsible. 
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Posted: 8/30/2005 8:12:45 AM EDT
[#22]
Because that's how we do it in the South 
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Posted: 9/3/2005 9:26:07 AM EDT
[#23]
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Posted: 9/3/2005 9:31:50 AM EDT
[#24]
felony murder, i think there was a case where a guy was in a high speed pursuit and the helicopter pilot following him crashed into power lines, felony murder right there 
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Posted: 9/3/2005 2:04:30 PM EDT
[#25]
 Alright! Throw the book at 'em! 
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Posted: 9/3/2005 3:02:47 PM EDT
[#26]
Thats a stupid statement. His brothers decision to commit the crime is the primary casue of those circumstances. |
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Posted: 9/3/2005 3:06:28 PM EDT
[#27]
Thats going a bit far. Just because a pilot is a dumbass that guy gets a murder rap? Thats a bunch of bullshit. Although I am all for charging the brother, its not the brothers fault that his brother was killed. That was his brothers fault. |
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Posted: 9/3/2005 3:07:06 PM EDT
[#28]
Both are equal parties in the circumstances leading up to the moment in question. His brother is dead, therefore he has an equal part in that as well. |
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Posted: 9/3/2005 3:07:27 PM EDT
[#29]
quilty? 
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Posted: 9/3/2005 3:15:04 PM EDT
[#30]
The only caveat being that the death has to be a reasonably foreseeable consequence of the criminal act. Example: A man commits an armed robbery and the victim has a heart attack and dies. The robber can be charged with murder because death is a reasonably foreseeable consequence of an armed robbery. A man defrauds someone out of $50,000. The victim, upon learning of the fraud, has a heart attack and dies. The man who committed the fraud cannot be charged with murder, because death is not a reasonable foreseeable consequence of fraud. |
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Posted: 9/3/2005 3:16:38 PM EDT
[#31]
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Posted: 9/3/2005 3:17:46 PM EDT
[#32]
 Wrong! A crime is being committed, and more death/damage occurs. Who are you supposed to charge? The ones who are reacting to the crime, or the criminals? You aren't one of those, "Let's not charge anyone because it's nobody's fault", cover-uppers are ya? 
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Posted: 9/3/2005 3:20:40 PM EDT
[#33]
Do you even read and understand English? |
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Posted: 9/3/2005 3:21:09 PM EDT
[#34]
You've gotta be fucking kidding me.  I think those FunYuns pickled your brain. 
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Posted: 9/3/2005 3:22:55 PM EDT
[#35]
Too bad he didn't shoot both of them!
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Posted: 9/3/2005 3:34:59 PM EDT
[#36]
Yup! |
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Posted: 9/3/2005 3:48:14 PM EDT
[#37]
I love Felony Murder charges. Gives the participants in a crime a healthy dose of responsibility for their criminal acts.
I have charged a man with it and the look on that piece of shit's face when I told him he was being charged with murder was, well, priceless. |
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Posted: 9/3/2005 3:50:04 PM EDT
[#38]
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Posted: 9/3/2005 3:56:08 PM EDT
[#39]
I would call that death accidental. After all, it was an accident. Should someone who jumps out from behind a bush to play a joke on a friend be charged with murder if the friend spooks, runs out into the street and is struck by a car? |
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Posted: 9/3/2005 4:02:19 PM EDT
[#40]
Jumping out from behind a bush to play a joke is not a crime... How about jumping out from a bush to rob a woman and she runs out into traffic? Accident, right?
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Posted: 9/3/2005 4:05:32 PM EDT
[#41]
Where did it mention the marksman medal for the home owner? He should get something
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Posted: 9/3/2005 4:09:34 PM EDT
[#42]
No, because he FORCED her to do that. The helicopter pilot had options. He could have flown higher or aborted the pursuit. He chose poorly. |
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Posted: 9/3/2005 4:12:33 PM EDT
[#43]
At first glance, it seems like a good law... make the criminals REALLY pay. Unfortunately, like many US laws, it is wide open for abuse at the whim of local (politically appointed) prosecutors. Example: you have an M4gery with a 14.5" barrel and what you think is a permanently attached Vortex FH. Unfortunately, the smith who put on the FH used soft solder instead of silver solder - ooops. Anyway, one night you find some career scumbag rummaging through your wifes jewelry; when you challenge him (AR in hand) he turns and comes at you with a knife. You shoot. Justifiable homicide, right ? What about when the anti-gun DA finds out that your rifles FH is not "permanently attached" per BATFE guidelines ? You get charged with Felony Murder... a death (the burglar's) caused while you were committing a felony (posession of an unregistered SBR). Still sound like a good law to you ? |
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Posted: 9/3/2005 4:17:19 PM EDT
[#44]
Sucks to be Murrey L. Wynn.
 Sucks worse to be Quinton Wynn. |
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Posted: 9/3/2005 4:18:42 PM EDT
[#45]
This perticular case is wrong. I agree if someone who isn't the bad guy dies, that the bad guys would be charged with the death. But iof a bad guy dies during a crime, the other bad guys are not at fault. As far as I'm concerned the dead bad guy got a karma check. |
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Posted: 9/3/2005 5:57:06 PM EDT
[#46]
Good shooting. That should teach that guy something.
Max |
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Posted: 9/3/2005 6:01:14 PM EDT
[#47]
Sounds good to me.
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Posted: 9/3/2005 6:05:17 PM EDT
[#48]
You show mw an example of that and I'll kiss your ass. Talk about a stretch of the imagination...Not to mention that you have no comprehension of the law itself... You cite a federal violation. Felony murder is a stste law. The example you give MAY give a bad DA a little grounds to get you indicted but not for Felony Murder as it is being discussed here. |
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Posted: 9/3/2005 8:37:40 PM EDT
[#49]
I have no idea whether this has happened... I just made it up, but it illustrates how these "good idea" laws can be open to abuse. Sure, I'm sure YOU would NEVER go after someone you consider to be a "bad guy" with all the weapons at your disposal, to get them no matter what, to get them off the streets, for the children. Its all those other LEOs and DAs that I worry about. Just ask Martha Stewart: "telling lies to federal investigators - 6 months". Wow, perfectly justifiable and not in any way a show trial motivated by political grandstanding. I felt much safer with her off the streets. My turn to .
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Posted: 9/3/2005 8:40:12 PM EDT
[#50]
That and the Castle Doctrine ROCK!
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