OK, this, much like the specific law involved in this situation, is ridiculously reductive.
Did they break and enter? Yes. Did the friend, who was shot and killed, engage police with a weapon? Yes. Did the guy charged with murder force his friend into the situation that led to his death? NO! The kid who was killed decided to engage the cops with a weapon, while the kid who was charged ran into the woods.
The law just seems like a poorly veiled means of piling additional charges on to criminals, no matter how petty the crime. I’d bet there are probably some more wild situations where the justice system managed to butterfly effect their way to linking some petty crime with something not at all associated with the crime itself.
I think the idea of felony murder makes sense, you’ve helped create a scenario where someone ended up murdered. I think it’s ridiculous that one of your accomplices can be that person though.
The real issue with this case is that he is 15 (16?). Obviously he should have been treated as a juvenile (especially since it sounds like they were all kids).
I think the idea of felony murder makes sense, you’ve helped create a scenario where someone ended up
Imagine we used that on white collar crimes.
A lawyer helped register a company that later went on to commit fraud. Charge her because she helped create a scenario where someone committed fraud. Charge the IT manager because he hooked up the computers that were later used in the fraud.
It seems pretty basic, but you should charge people for things they actually did. If multiple people planned a crime but only one person was caught executing the crime, you can charge them all with conspiracy. That makes sense. On the other hand, this seems to involve charging someone with a crime that wasn’t part of the plan. If it was a potential foreseeable consequence of the plan, there are crimes for that: reckless endangerment, negligence, etc.
I just can’t imagine a real scenario where someone did something wrong, but there are no laws on the books that match the wrong thing they did. So, instead, you have to charge them with the crime someone else did instead.
They’re not really equivalent. With RICO if you’ve committed multiple times of crimes from a certain list, and those crimes are related to an “enterprise” you can be charged with racketeering.
You’re not being charged with crimes someone else did. You’re being charged with masterminding a bunch of crimes. RICO charges are used against people at the head of an organization. Felony Murder is used against people who have the bad luck to be part of a group when someone else in the group pulls the trigger.
RICO goes after the organization in organized crime. It fills in a gap in the laws that maybe wasn’t there already, because none of the other laws went after the planning and organizing of the crimes. Felony murder seems to just exist to pile additional charges on someone who had already committed crimes that were already on the books, and make that person additionally responsible for the actions of a different person.
They chose to commit a crime together, then they got into a shootout with police.
The responsibility lies with the people who chose to commit the crime in the first place.
Breaking and entering is stupid dangerous, they knew that. Thats why they had a gun.
OK, this, much like the specific law involved in this situation, is ridiculously reductive.
Did they break and enter? Yes. Did the friend, who was shot and killed, engage police with a weapon? Yes. Did the guy charged with murder force his friend into the situation that led to his death? NO! The kid who was killed decided to engage the cops with a weapon, while the kid who was charged ran into the woods.
The law just seems like a poorly veiled means of piling additional charges on to criminals, no matter how petty the crime. I’d bet there are probably some more wild situations where the justice system managed to butterfly effect their way to linking some petty crime with something not at all associated with the crime itself.
I think the idea of felony murder makes sense, you’ve helped create a scenario where someone ended up murdered. I think it’s ridiculous that one of your accomplices can be that person though.
The real issue with this case is that he is 15 (16?). Obviously he should have been treated as a juvenile (especially since it sounds like they were all kids).
Imagine we used that on white collar crimes.
A lawyer helped register a company that later went on to commit fraud. Charge her because she helped create a scenario where someone committed fraud. Charge the IT manager because he hooked up the computers that were later used in the fraud.
It seems pretty basic, but you should charge people for things they actually did. If multiple people planned a crime but only one person was caught executing the crime, you can charge them all with conspiracy. That makes sense. On the other hand, this seems to involve charging someone with a crime that wasn’t part of the plan. If it was a potential foreseeable consequence of the plan, there are crimes for that: reckless endangerment, negligence, etc.
I just can’t imagine a real scenario where someone did something wrong, but there are no laws on the books that match the wrong thing they did. So, instead, you have to charge them with the crime someone else did instead.
I think RICO is a white collar equivalent to the concept of felony murder, although maybe not a 1-to-1.
You get a harsher penalty by basically being involved/contributing in a large operation.
They’re not really equivalent. With RICO if you’ve committed multiple times of crimes from a certain list, and those crimes are related to an “enterprise” you can be charged with racketeering.
You’re not being charged with crimes someone else did. You’re being charged with masterminding a bunch of crimes. RICO charges are used against people at the head of an organization. Felony Murder is used against people who have the bad luck to be part of a group when someone else in the group pulls the trigger.
RICO goes after the organization in organized crime. It fills in a gap in the laws that maybe wasn’t there already, because none of the other laws went after the planning and organizing of the crimes. Felony murder seems to just exist to pile additional charges on someone who had already committed crimes that were already on the books, and make that person additionally responsible for the actions of a different person.