California Reforms Murder Laws To Require Defendants To Actually Play A Role In The Killing

Discussion in 'Politics, Religion, Social Issues' started by RootBeerMan, Oct 1, 2018.

  1. RootBeerMan macrumors 65816

    RootBeerMan

    Joined:
    Jan 3, 2016
    #1
    This is a really good step in the right direction and one I hope other states quickly emulate. The whole felony murder thing has always been patently unfair and unjust and it's good to see someone taking it off the books. If you didn't kill someone you shouldn't be punished for the murder as if you did. California finally got something right! Unfortunately, they did carve out an exception for cops, and that should not be emulated by other states. Special privileges for the chosen do nothing to further justice.

    https://reason.com/blog/2018/10/01/california-reforms-murder-laws-to-requir

     
  2. LIVEFRMNYC macrumors 604

    Joined:
    Oct 27, 2009
  3. thekev macrumors 604

    thekev

    Joined:
    Aug 5, 2010
    #3
    This is really light on details. I can't find a reference for that 72% statistic. When these things are derived from surveys, at their core there's much more than a single number. I'm also skeptical what the dividing line is here. If you influence someone else to commit murder, is that no longer in the realm of murder?

    With all that being said, California needs fewer inflated charges with its historic level of jail crowding.
     
  4. jerwin, Oct 3, 2018
    Last edited: Oct 3, 2018

    jerwin macrumors 68020

    Joined:
    Jun 13, 2015
    #4
    wikipedia says:

    "The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when an offender kills (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder."

    this would appear to remove "and also the offender's accomplices or co-conspirators".

    frequently, "lookouts" get charged with felony murder.

    Now, California laws don't apply in Alabama. But consider this case.

    https://www.theguardian.com/us-news/2018/apr/15/alabama-accomplice-law-lakeith-smith

    Doesn't that strike you as absurd?
     
  5. RootBeerMan thread starter macrumors 65816

    RootBeerMan

    Joined:
    Jan 3, 2016
    #5
    It doesn't change manslaughter laws, it only addresses felony murder. I doubt manslaughter would even apply in most cases where felony murder is usually applied.
     

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