Quote (Thor123422 @ Jun 3 2020 08:44pm)
This is wrong.
The felony murder RULE says that you can charge people who didn't kill somebody with murder if they were involved in a felony in which somebody was killed while carrying it out. The typical example is the get-away driver for a bank robbery can be charged for the death of a bystander even though he didn't pull the trigger because he was willfully involved. It DOES NOT say that you have to be committing a felony to be charged with murder. That is just asinine.
there's no such thing in law as "involved". Do you charge the bank manager who witnessed the murder for felony murder because he was "involved"?
the felony murder rule allows murder charges for those held responsible for the death of someone cause by their
commission of a dangerous felonyyou have to be committing a felony to be charged with felony murder. If you're not in the commission of a felony, you can't.
Being the gunman isn't a necessity to be charged with a felony. The getaway driver is guilty of a felony just as much as the guy holding the gun, hence permitting that charge
the felony murder rule does say you have to be committing a dangerous felony to be charged with murder, and that's an important legal distinction. You can't be charged with felony murder if someone dies as a consequence of you a misdemeanor. Nor can it be charged in a case where the underlying felony is nonviolent and posed no foreseeable risk of death. If somehow someone died because you committed felony tax fraud, they can't use that just because its a felony.
and again, it has to be a felony separate from the crime itself. If someone was directly responsible for the murder, they can just be charged with murder. If they weren't responsible for the murder and weren't committing a crime, they can't be charged. Duh.
this all makes a whole bunch of sense, shouldn't be that hard to grok.