Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: GOP_Proud
Either piling it on or a lesser charge to get him on.

It might not make immediate sense, but there's a certain legal logic in play. If you commit a felony, and someone dies, that's murder, eligible for the death penalty in most places where that is an option.

If, say, you rob a bank, and during the getaway you almost -- but not quite -- hit a little old lady crossing the road, and then she drops dead of a heart attack, you're on the hook for murder one (felony murder in some jurisdictions). She died because you were committing a felony, so it doesn't matter if you intended to kill her or not.

If the prosecutor can prove that the dad intended to commit burglary, it doesn't matter whether the dad says he only meant to scare the neighbor, or he says he meant to wound him, or he pleads temporary insanity. It's an easier case to make. The state doesn't have to prove that he planned the killing, only that he planned the burglary. If the death occurred as a consequence of that felony, it's felony murder.

If the molestation claims are proven true, I suspect the dad will get some leniency. but he will not and should not get a walk. We have a presumption of innocence and a burden of proof for damned good reasons, and no system of laws could survive if enough folks went hacking and slashing based on an accusation.

I know some folks want to pin a medal on the dad, and if he'd tied the accused up until the cops arrived, I'd be right beside them. But instead, he jumped in a window and stabbed the guy a dozen times. I wouldn't want him living next door to me if someone told him I'd done something horrible.

130 posted on 08/30/2006 6:00:50 AM PDT by ReignOfError
[ Post Reply | Private Reply | To 9 | View Replies ]


To: ReignOfError
Wow, Reign...that's a rational, well-thought, well-explained response.

I think it's the best one I have seen on this thread yet!
132 posted on 08/30/2006 6:04:37 AM PDT by CT-Freeper (Said the perpetually dejected Mets fan.)
[ Post Reply | Private Reply | To 130 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson