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Originally Posted by Low C Sharp
I have no argument with the felony murder rule, but I hadn't heard of it being applied in a case where the death was the death of an accomplice. Victim, bystander, cop, firefighter, yes, but not a fellow perpetrator. Maybe someone with more criminal experience than I have can tell me if this is usually the charge on these facts.
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It is not uncommon.
Quote:
Originally Posted by Psi U MC Vito
He wasn't an innocent bystander, but I believe in charging somebody for the crime they committed. I don't see how they can possibly justify interperating the statute like that.
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It's not an unusual interpretation, though many states have some restrictions on which felonies can underlie the felony murder rule.
The general idea is this: if one forms the intent to commit a felony and carries out that felony, then one can be charged with any death that occurs as as a result from the commission of that felony. In other words, if you break into someone's house to commit robbery, you then have to accept the consequences if a death result from that crime, even if it's the death of your accomplice.
At least that's the general idea. Exactly how it works in Oklahoma, someone else would have to say. Paging Kevin!