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Author Topic: Okay, what's the legal reasoning here?
K. Fabian McClinch
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I understand how the shooter could be let off on justifiable homicide, and I understand how the other teens were responsible (along with the one who was killed) for putting themselves (and him) in danger in the first place. But they didn't pull the trigger, so how -- legally -- can people who did not have anything to do with the actual act of killing someone, and weren't "accomplices" in the legal sense, be charged with murder?

https://chicago.suntimes.com/crime/2019/8/13/20804750/teens-charged-west-loop-car-chase-murder-diamond-davis-jaquan-swopes

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OSJ from NM by way of WA
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It's Chicago, it doesn't need to make sense,

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Crimson Mask from FL
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If you are involved in the commission of a crime during which a homicide takes place, you are liable to be charged with murder. That's the legal reasoning and as far as I know it is the law in most places if not all.

[ 08-15-2019, 09:02 AM: Message edited by: Crimson Mask from FL ]

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K. Fabian McClinch
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Interesting -- never knew that. I can see being charged as an "accessory" or something similar, but I always thought that to be charged with murder, you had to be the one doing the act.

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"Bang! Bang! Bang! Bang! Four shots ripped into my groin, and I was off on one of the strangest adventures of my life." (Max Shulman)

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Fighting Camel
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quote:
Originally posted by K. Fabian McClinch:
Interesting -- never knew that. I can see being charged as an "accessory" or something similar, but I always thought that to be charged with murder, you had to be the one doing the act.

Check with Charles Manson on that one.

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King Francis
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quote:
Originally posted by Fighting Camel:
quote:
Originally posted by K. Fabian McClinch:
Interesting -- never knew that. I can see being charged as an "accessory" or something similar, but I always thought that to be charged with murder, you had to be the one doing the act.

Check with Charles Manson on that one.
cuz I cant remember.. was Manson convicted for the murder or for conspiracy to commit murder?

I know you can be convicted of conspiracy to commit murder even if not convicted for the murder.

thanks

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When I said that was the most ignorant thing I ever heard, I didn't realize you were still talking.

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Fighting Camel
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quote:
Originally posted by King Francis:
quote:
Originally posted by Fighting Camel:
quote:
Originally posted by K. Fabian McClinch:
Interesting -- never knew that. I can see being charged as an "accessory" or something similar, but I always thought that to be charged with murder, you had to be the one doing the act.

Check with Charles Manson on that one.
cuz I cant remember.. was Manson convicted for the murder or for conspiracy to commit murder?


I know you can be convicted of conspiracy to commit murder even if not convicted for the murder.

thanks

Both

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"A girl's legs are her best friend...but even the best of friends must part"---Redd Foxx

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K. Fabian McClinch
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Manson was directly involved in the murder by summoning his followers to commit it, right? Not quite the same as one of you accomplices being killed during a robbery, so YOU end up being charged.

Not saying it isn't necessarily justified, just wondering what the legal reasoning is.

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Travlr
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It's called "felony murder/homicide", and the basics are, if someone dies in the commission of a felony, those committing the felony can be charged with murder. Intent, as a rule, has nothing to do with it.

But as the link notes, it's a little more complicated than that; not all felonies may apply.

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The Traveller
a fan since '68....

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Fighting Camel
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Seen guys on death row that never did more than wait in the car while a robbery went bad.

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"A girl's legs are her best friend...but even the best of friends must part"---Redd Foxx

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The Fake J.D. McKay
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quote:
Originally posted by Fighting Camel:
Seen guys on death row that never did more than wait in the car while a robbery went bad.

...and the guy that pulled the trigger gets life.
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