Posted: 10/30/2006 11:06:29 PM EDT
[#4]
Quoted: It used to be in most cultures that the penalty for arson was death… we need to return to that position.
ANdy |
It maybe still for these guys. California Penal Code Sections (excerpts) CALIFORNIA CODES PENAL CODE SECTION 187-199 187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
188. Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. When it is shown that the killing resulted from the intentional doing of an act with express or implied malice as defined above, no other mental state need be shown to establish the mental state of malice aforethought. Neither an awareness of the obligation to act within the general body of laws regulating society nor acting despite such awareness is included within the definition of malice.
189. All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.
190. (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5.
190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:
(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:
(H) Arson in violation of subdivision (b) of Section 451.
451. A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. (a) Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years. (b) Arson that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for three, five, or eight years.Although I expect that Life without Parole is more likely in their future if they get caught. But as a note, in CA a lot of older juvenile offenders or younger adult offenders can volunteer to be fire fighters on trail crews. In some cases they get squared away, in some they don't. Frankly I don't think I'ld want to end up in Folsom or San Quentin with a bunch of trail crew graduates. Especially somebody who may have fought on the firelines with one of the firefighters. If anything, there is a lot of respect generated between the firefighters and the trail crews, that kind of band of brothers relationship.
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