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To: Scoutmaster

Use conspiracy to bring in the other co-defendants.


122 posted on 05/03/2012 9:17:03 AM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: SgtHooper; ArrogantBustard
Use conspiracy to bring in the other co-defendants.

A prosecutor may be able to prove the elements of conspiracy to commit a lesser crime or crimes than murder, but the topic of our discussion was whether the other individuals in the car with Ja'Quares can be charged with murder.

My answer, based solely on a reading of the Alabama statute in question, is no. Other crimes? Very likely . . . assuming you can prove beyond a reasonable doubt that the others knew what Ja'Quares was going to do. But charging the others with the murder of Ja'Quares . . . no.

Alabama's statute appears to limit the felony murder rule to deaths caused by participants in the crime and doesn't extend to deaths caused by targeted victims, law enforcement, or bystanders, but I could be wrong.

If I weren't lazy today and if I wanted to spend the money on Lexis or Westlaw (or break my Justia protest), I'd look at judicial interpretation of the statute.

130 posted on 05/03/2012 9:37:42 AM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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