 masbury says: See my post on this at my blog, http://www.masbury.wordpress.com Hey, it's BushCo. Country. What did we expect? How are people going to react when individuals just start disappearing from American streets with no notice or trail thanks to the powers of the Patriot Act II in action? Sign the petition at http://www.freekenneth.com/ Is this frightening to you? Sign the petition at http://www.freekenneth.com/ Is this frightening to you? The possibility that an innocent man maybe executed? Not frightening, but infuriating. Sounds a lot like the "Felony Murder" statutes that allow anyone involved in a felony to be charged with up to the equivalent of first degree murder if anyone dies during the commission of the crime. As far as I know, most states have this kind of a law, and I believe the Federal government may have, also. Additionally, it is not necessary to demonstrate that other participants had any knowledge that a murder was going to take place, nor does it matter if the death is accidential; if a felony is committed and someone dies, everyone involved can be charged. Part of me thinks its a good idea - that it gives police a tool they can use to get bad people off the street even if they haven't got... thats dumb he did nothing wrong talk about being in the wrong place at the wrong time I have to agree w "thorswitch". It's the same thing as the law put in about being responsible for serving a drunk or dealing drugs to people.....You don't know that they're gonna leave & say kill someone with their car but you are responsible if you were the last person to serve them drinks. If you sell someone some herion & they overdose then you could have a murder charge on you. You didn't intentially sell them the drugs to OD....just to get high, right? Surely he knew what kind of person his friend was...... There's an old saying "If you lay down w dogs, you're gonna get fleas." Anyway, on a lighter note this comedian said "Other states have demolished the "Death Penalty" & Texas has put in an Express lane." It's the glitch between grandstanding politicians - who write "get-tough-on--crime" laws, and fairness. I was raised thinking cops were my friend and to be respected, and then my brilliant kid got in trouble for stupid kid stuff, and very nearly got put away for a long time because of a vindictive prosecutor, a lazy public defender, and my own assumption that the system was fair. A lawyer friend tipped us off at the last minute (risking considerable trouble) that we weren't being seriously defended, and the outcome ended up quite a lot different. Jail is no place for kids to grow up! And this poor guy's a victim of a very foolish law that probably sounded good when worst-case scenarios were presented to the Texas legislature. Everybody thinks crime is what lowlifes do, and the law will never bother an honest citizen like me; it just isn't so. Felony murder does not work that way. You have to be a participant of a felony, like a bank robbery. Driving somebody who gets out of the car and without your knowledge before, during or after is not a felony because driving anyone, even a murder is not a felony. In order for felony murder murder to be established a pre-existing felony must have occurred and the person must be a participant (pre, during or post). While they may look similar, it is not the same. I think rat is correct, otherwise a bus driver might be executed on the reasoning proposed. Right - I think - as long as we're agreeing that the Foster case is not about felony murder, but conviction under Texas' bizarre "law of parties." Meanwhile I wonder if the "felony murder" is quite that cut and dried. Would not a person who drove an accomplice to a crime scene knowing the accomplice was intending to commit a felony (say, a convenience store robbery) but unaware the accomplice was armed, still be charged with felony murder if the accomplice pulled a gun and shot the clerk? |
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