This is explosive !
I’ve been holding on to this trying to find a good place to share …I think with
MNBC shutting down great jounrlist it was hard to find place to share
And I thought it best to wait for a felony conviction of insurrection, without
it being able to go up to Supreme Court
But it seems it might help and it might hurt. It’s really hard to figure out.
If you, Google murder felony rule
Tell me what you think
I won’t be able to get witness protection I’m in deep shit, but I found it
And I feel to my obligation to share
Because a police officer died January 6. A woman died inside the capital. She was shot and I believe five others died because of January 6.
The problem being mens rea. Most could have cover that they went to the capital without the intent to commit a crime.
The next problem is there are limitations to this law there are two that apply here.
One is that this rule no longer applies if commissioning the crime wouldn’t have an average person conclude murder could be a possibility. Lawyers could use this exemption to give them cover that they were just there to break in. A person getting shot by a an officer would have been difficult to foresee.
Time and distance from the scene of the crime. This would give insulation to many of the January 6th insurrectionist to many of the deaths that occurred.
This could maybe apply to a few of them but is likely a difficult ask. This law is mainly used to get young men that lack the ability to withstand peer pressure into long prison terms.
I’d be first to agree it’s not easy , it never is .
I recall cases going back to the 70’s and. 80’s .
They weren’t even considered until the Felony charge was found guilty because the possibly of the charge waiting on sideline could affect a juries findings .
Even the Supreme Court would be influenced.
They found people guilty of conspiracy and guilty of second degree They weren’t even at the scene of crime.
My understanding is if “any” death occurring due to the felony crime happening raises the possibly of the procecutor or DA bringing the charge .
I’ll look at what you sent
Thank you
I think it’s quite possible , they could be waiting for the results of some of the Felony charges to be resolved and that would when it would be considered
There are limitations to the Felony-murder rule depending on the jurisdiction and controlling law (federal or state). One requirement, aside from the limitations or defenses, is “complicity” in the felony with which it is attached. Accomplice liability requires “aiding or abetting” the felony. Those defendants would ordinarily be tried together. On the other hand if the conduct was clearly independent (a factual question) it would not be included with the conduct of another independent actor. (This is similar to Trump’s defense) Some of the insurrectionists could be included, many would not based on their independent albeit reprehensible conduct.
Mens rea is not a problem with felony-murder as I have come to understand it, unless you are talking about an independent crime. The issue is whether these are accomplices to the same crime. If they are, and some one dies, the rule appiles. Love and respect to TYT fam. t
