There's a lot of information that leads to immoral and unjust concept of the felony murder law but what about the pros of it? and in what cases?
2007-12-17 17:57:39 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
maybe i wasn't clear on the question. the felony murder law is when a person who is involved in a crime, whether it is loaning a car to do a drive-by or with another who kills a person, is charged for felony murder and just as guilty as the killer. whats the good in such a law?
2007-12-17 18:11:12 · update #1
Because it is a deterrent to commit felonies. You mean like if someone dies during the course of a felony, i.e. a cop accidentally shoots another cop during a bank robbery, right?
The cons are like highly extraordinary deaths. There was a case where a police helicopter was following a ground police chase and collided with another police hellicopter, they died, and the govt. tried to pin it on the fugitive. Where do we draw the line? The fugitive wasn't found guilty in that case though.
EDIT: Oh I see, well you are actually referring to "conspiracy," where there is an agreement and there is what is called the "Pinkerton Rule" where if the person who they conspired with kills someone in furtherance of the crime (that was reasonably foreseeable) the other guy will be charged with the principal actor's crime as well.
I kind of think that sometimes Pinkerton liability is just and others not, but that is an issue of foreseeability and that would be determined by a jury. The best case to illustrate that would be Pinkerton v. United States.
2007-12-17 18:05:50 · answer #1 · answered by Eisbär 7 · 0⤊ 0⤋
Its there for the purpose of "deterrence".
An armed robber knows he will only get 2 years for getting popped in a hold up. Who cares? Its 2 years and he needs the money for his new Air Force Ones.
If he knows that he may be getting 25 years for those new Air Force Ones, he may think twice about it.
That 25 years, is expected to jar a selfish guy lose and force him to think of the consequences of his actions a little more.
This all theory though. Lets not forget that our criminal pretty friggin dumb and his actions are based on things like base instinct, drug addiction, and a predatory mind set and not logical thought.
The only way to get numbers would be to interview those convicted and ask if it crossed their minds.
2007-12-17 19:12:28 · answer #2 · answered by California Street Cop 6 · 0⤊ 0⤋
Because if there wasn't a felony murder law people would be popping each other on every street corner?
Richard
2007-12-17 18:05:24 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋