So we understand - they are legally charged with FELONY MURDER - where they can have accidently killed him - the prosecution has not charged them with MURDER because they are aware they cannot show that anyone went out and INTENDED to murder him - the prosector is applying the FELONY MURDER rule because they aware that this is a case of "things just went really bad"
[ I'll try and help the retards MobSheep and JohhnyMac out ]
What is the Felony Murder Rule?
You won't find the term "felony murder" in most criminal statutes. The unnamed term is generally just one of the definitions under a first-degree murder statute. First-degree murder is called a felony murder when a human being is killed during the commission of a felony. It's a simple concept, but the details of when felony murder applies can be complicated. Below is a detailed examination of the application of the felony murder rule.
Felony Murder Doctrine: Who Can Be Charged?
It's possible to be charged with first-degree murder under the felony murder rule even if there's no intent to kill. All that's necessary is the participation in the commission of a felony, where a death occurs during that felony, even if the defendant wasn't the one who killed the victim. Typical situations include:
What is the Felony Murder Rule?
You won't find the term "felony murder" in most criminal statutes. The unnamed term is generally just one of the definitions under a first-degree murder statute. First-degree murder is called a felony murder when a human being is killed during the commission of a felony. It's a simple concept, but the details of when felony murder applies can be complicated. Below is a detailed examination of the application of the felony murder rule.
Felony Murder Doctrine: Who Can Be Charged?
It's possible to be charged with first-degree murder under the felony murder rule even if there's no intent to kill. All that's necessary is the participation in the commission of a felony, where a death occurs during that felony, even if the defendant wasn't the one who killed the victim. Typical situations include:
- Solo Actor: The felony murder rule is applicable in situations where a person commits a felony alone. The common example is arson. The defendant sets fire to a building with no intention of harming anyone, yet an unintended person dies in the fire (which could include firefighters).
- Two or More Actors: Another common situation is an armed robbery where only one of the participants shoots the victim. In these cases, all of the participants in the robbery can be charged with felony murder, even though they didn't kill the victim nor were even present at the time the killing took place.
- Victim or Bystander Killing: It's also possible that felony murder applies in cases where none of the felony participants killed anyone, such as when the victim or a third-party bystander kills someone while trying to stop the robbery. Felony murder in these cases would apply if a victim, a third-party, or even one of the felony perpetrators gets killed by someone other than a felony participant.
the classic case of FELONY MURDER is a bank robber who accidently runs someone over trying to get away - he could slam on his brakes and swerve - making it crystal clear he did not intend to hit the person - there is clearly no intent whatsoever to kill anyone - so the FELONY MURDER rule allows the state to transfer the intent from the original felony (the bank robbery) to the accidental death - so you will be convicted of FELONY MUURDER and be punished the same as MURDER - now pay attention - bank robbing is inherently dangerous and shit can go wrong - you know that going into it - that's why the FELONY MURDER rule was adopted
Using FALSE IMPRISONMENT as the underlying felony to transfer intent to MURDER is a gross fucken stretch of the FELONY MURDER rule - that's why I thought they were going to charge them with kidnapping - FALSE IMPRISMENT can mean I locked in a room for 10 minds
For the record - I'm not giving Mob or John any more legal KNOWLEDGE - my advice - finish high school - go to college - take the LSAT - go to law school - then pass the bar - see u in about 8-10 years
Using FALSE IMPRISONMENT as the underlying felony to transfer intent to MURDER is a gross fucken stretch of the FELONY MURDER rule - that's why I thought they were going to charge them with kidnapping - FALSE IMPRISMENT can mean I locked in a room for 10 minds
For the record - I'm not giving Mob or John any more legal KNOWLEDGE - my advice - finish high school - go to college - take the LSAT - go to law school - then pass the bar - see u in about 8-10 years
They are going to have a hard time proving the underlying felony. That is my opinion. There may be facts not yet released that could change this. This is my preliminary opinion but I am waiting on the facts. However, this is not simply a case where a black man went for a jog and was hunted down because he was black. That is a fact.
Felony murder is murder. First degree murder is murder. Second degree murder is murder. I posted the Georgia statute. The penalties are the same in Georgia for murder and felony murder. It is altogether fitting and proper to make the statement "Greg McMichael is charged with the murder of Aumaud Arbery."
The problem in this discussion in not my understanding of felony murder, it is you and Seymour's understanding of what I understand, and what is generally understood under the law.
Felony Murder is a form of homicide where someone has taken someone's like but did not do it INTENTIONALLY - a basic element of MURDER is INTENT - there is no intent in a felony murder charge - they are not the same charge
I believe False Imprisonment is a misdemeanor in most cases - to take the intent to Falsely Imprison someone and use that intent to replace the lack of intent to commit murder is a gross application of the Felony Murder Rule - that's why I thought Junior and Senior were gonna be charged with attempted kidnapping (no, you do not need to be a little kid to be kidnapped)
