r/SubredditDrama • u/onwemarch • Oct 18 '17
An armed robber is charged with murder after his accomplice is shot and killed by their victim. A user in /r/JusticeServed thinks that's unfair.
/r/JusticeServed/comments/7715f5/police_woman_shoots_kills_teen_who_carjacked_her/doi7z4c/?utm_content=permalink&utm_medium=front&utm_source=reddit&utm_name=JusticeServed37
149
Oct 18 '17
This law is weird as fuck. I mean, don't take this the wrong way, I am not excusing a robber - in fact I think the woman was justified in shooting - but if he didn't shoot his friend, then he's not a murderer, period.
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u/Mlahk7 Oct 18 '17
Okay I'm glad people here are saying this, I thought I was the crazy one reading those comments. I totally agree with you.
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Oct 18 '17
But he's not getting charged with first degree murder or even second degree murder. Felony murder is a distinct crime and is exactly what happened here. If someone dies directly as a result of a felony you've committed then you're also guilty of felony murder.
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u/PM_ME_UR_SHARKTITS Oct 18 '17
The problem is that half the people are treating it as a moral/philosophical question and the other half are treating it as a legal question.
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u/Cthonic Oct 18 '17
The problem is that half the people are treating it as a moral/philosophical question and the other half are treating it as a legal question.
Americanpolitics.jpg
31
Oct 18 '17
The law is you intend every killing that happens as a result of your inherently dangerous felony. It makes sense. Why should the state have to waste its time proving that you only intended to kill one specific person once you pulled a gun out and someone got shot?
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u/Samael_7 Oct 18 '17 edited Nov 19 '17
Felony Murder Rule. Anyone that commits a felony is held liable for all damage to property and persons during commission of said felony. If I remember correctly, idk it's been like 4 years since I took law enforcement classes in University
Edit: It's Felony Murder Rule, sorry, I'm a bit rusty lol
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u/Jiketi Oct 18 '17
Wikipedia is not educational.
Just because stuff on WIkipedia can be inaccurate or misleading doesn't mean it isn't a good source for basic research and is almost as good as other encyclopedias (which aren't actually that good in many respects)
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Oct 18 '17
I was told in college that the best use of Wikipedia is as a source aggregate. Most useful articles are heavily cited and you can find the links to the papers and other sources at the bottom of the page.
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u/Illogical_Blox Oct 18 '17
This "felony murder" or whatever its called is bloody ridiculous sounding, I'll be honest.
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u/GoldenMarauder Oct 18 '17
The Felony Murder Law differs from state to state and (surprise!) Florida's is unusually punitive. In the majority of states it only applies if either the person committing the crime does the killing themselves (intentionally or unintentionally), or in some states that plus deaths directly attributable to the actions of the perpetrators.
Furthermore, there are almost always limits on what crimes can trigger the felony murder rule.
10
Oct 18 '17
It makes sense in some situations. For example, if you, in the process of robbing a bank, exchange fire with the guard, and the guard accidentally kills a bystander, we should probably hold you responsible for that.
It's ridiculous when it's applied to a co-conspirator.
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u/Nillix Oct 18 '17
Disagree. Some crimes are inherently dangerous, and by participating in said crimes, you’re accepting the likelihood that someone will die. And you should. I don’t know about other states, but in California, the list of crimes is pretty limited.
Robbery
Burglary
Rape
Carjacking
Trainwrecking
Mayhem
Kidnapping
The only one that I could see removing from this list is possibly burglary, since it isn’t violent and doesn’t require force or fear.
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u/Lepurten Oct 18 '17
I recently got downvoted to hell because I didnt agree that a robber dieing is "justice served". The moral standards of this subreddit are fucked.
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Oct 18 '17
Yeah, r/news was the same I believe. In this particular case, the robber was shot whilst driving away, which to me is murder on the shooter. If you fire upon someone who's actively threatening you or someone else, fair enough, but shooting at someone who's no longer a threat is fucked.
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Oct 18 '17
If you don't want to be charged with the murder of your accomplice then don't do a robbery.
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u/themiddlestHaHa Oct 18 '17 edited Oct 18 '17
"Singletary of Zephyrhills was arrested in April on charges of armed burglary, larceny and grand theft auto and for similar charges a month later."
Read that. Read it again! This guy was arrested twice! Twice! For this same exact same reason. Honestly, wtf are cops supposed to do. They got the guy twice and he's still out there threatening people.
I, for one, am glad the streets of Tampa are going to be a little safer. I feel bad for the victim of the jar jacking. She's probably going to jail too. And she's probably a good person that'd never shoot someone unless threatened.
It's a shame the criminal justice system didn't do it's job and protect this family from a known violent criminal.
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u/BolshevikMuppet Oct 18 '17
I don't think the dude should get a felony murder charge for that
Either this guy doesn’t understand what “felony murder” is as a term of art, or I’m not sure when felony murder would ever exist.
Does this guy really think the specific phrase “felony murder” just means “murder which is itself a felony”? That’s the only way I’m able to parse the idea that it shouldn’t apply in one of the most apt situations for it.
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u/Drama_Dairy Oct 18 '17
In his defense, when I first heard of felony murder, I thought people were just being annoyingly redundant. I didn't realize it was a category unto itself.
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u/SnapshillBot Oct 18 '17
I know now I'll never have any flair again and I've come to terms with that.
Snapshots:
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This Post - archive.org, megalodon.jp*, removeddit.com, archive.is
2
Oct 18 '17
I can understand the armed robbery charge but second degree murder? That shouldn't apply. If I recall, second degree murder is intentional murder of a person. The accomplice didn't kill anyone, the other person did. What a weird application of that charge.
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u/cheertina Oct 19 '17
That's how felony murder works. If you engage in a felony, you're responsible for any deaths that arise from the commission.
782.04
(3) When a person is killed in the perpetration of, or in the attempt to perpetrate, any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
[other felonies trimmed for brevity]
by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in [other sections]
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u/PM_ME_UR_SHARKTITS Oct 18 '17
Maybe if you say "because that's how it is, idiot!" Enough times the disagreement will spontaneously end itself.