Except he didn’t actually kill those people so…
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Replying to @etrnlprometheus @BillsMafia1985 and
Learn the definition of felony murder. It's like saying the person who made the bomb and placed the bomb are innocent and only the person who activated the bomb is guilty of bombing. No they are all guilty.
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Replying to @goldstandard555 @BillsMafia1985 and
Felony murder is a bullshit rule. Driving a getaway car is not murder except when a prosecutor gets too thirsty for punishment. Your example is false too, as that is just murder with clear intent, not felony murder
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Replying to @etrnlprometheus @BillsMafia1985 and
Learn about the specific case. Gilbert and Boudin teamed up with folks who were armed with M16s to rob a brinks truck (who also carry rifles). They really thought no killing would take place? The 20 years served by Boudin and 40 years for Gilbert are too short in my opinion.
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Replying to @goldstandard555 @BillsMafia1985 and
That’s your opinion but this is the problem with felony murder, “team up” is such a vague concept. If they had just loaned them a car are they murderers? If they loaned them shoes are they murderers? No one is saying they are perfectly innocent, just that they are not murderers
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Replying to @etrnlprometheus @BillsMafia1985 and
For this case it's pretty cut and dry. All the perpetrators at the scene of the crime were guilty the same crime (murder or felony murder). Other folks not at the scene but involved in planning were charged with conspiracy. Two different crimes.
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Replying to @goldstandard555 @BillsMafia1985 and
The question is not what they were charged, but the validity in saying they killed 3 people, which they clearly did not, as you indicate in differentiating murder and felony murder. The loaning a car was an example from a different FM case to prove how vague felony murder can be
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Replying to @etrnlprometheus @BillsMafia1985 and
If the same crime were to happen in San Francisco today, most likely the getaway drivers would probably be charged as accessories since Chesa opposes felony murder. In Oklahoma they could get the death penalty. So if a lack of consistencies is your concern then I agree.
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Replying to @goldstandard555 @BillsMafia1985 and
Less lack of consistency between jurisdictions than a general over broad rule that is generally used to make prosecutors lives easier rather than seek a form of justice appropriate to the crime
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Replying to @etrnlprometheus @BillsMafia1985 and
Prosecuting crimes that are well organized are incredibly difficult if not impossible to prosecute without vague laws like conspiracy, racketeering and felony murder involved. Unless you invent a foolproof lie detector it's impossible to figure out who intended for what.
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It’s really not, that is what the whole criminal process is for. Conspiracy makes sense to deal with some of these issues but felony murder is really just about giving prosecutors extra weapons to threaten people with
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