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Multiple Life Sentences for Minor in Police Shooting He did not Participate in. (lemmy.world)

submitted 2 months ago* (last edited 2 months ago) by [email protected] to c/[email protected]

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LINK TO THE PETITION

https://www.change.org/p/district-attorney-cj-robinson-free-lakeith-smith

Source: https://www.tumblr.com/iguanodonwildman/661968148678017024/please-sign-the-petition-so-i-checked-up-on~~___~~

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[–] [email protected] -1 points 2 months ago (1 children)

if it isn't murder, then why is the kid charged with it?? that makes the entire thing even MORE ridiculous!

[–] [email protected] 2 points 2 months ago* (last edited 2 months ago) (1 children)

"Felony murder" is a different animal. It's kind of like how even though "rape" is generally defined by a lack of consent, there is also "statutory rape", which one can be charged with, even if the sex was consensual.

To summarize how "felony murder" works:

The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.

In this case, the "inherently dangerous" felony was armed robbery.

[–] [email protected] -2 points 2 months ago (1 children)

that's a ridiculous concept from start to finish:

"you stood near a cop when he killed someone, so now you're a murderer even though you objectively didn't kill anyone and we know who the actual killer is"

this is completely insane.

it's not "a different animal", it's insanity.

just insanity.

[–] [email protected] 0 points 2 months ago* (last edited 2 months ago)

"you stood near a cop"

What disingenuous bullshit, lol. A bystander would never get charged with this, only other people actively committing the same felony with the criminal that died (and it doesn't matter if they were killed by a cop or died any other way, including accident, if it happened while committing a dangerous felony, all of the criminals committing it are responsible), fuck your goalpost move attempt.