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To: epicure who wrote (4031)3/21/2002 4:34:15 PM
From: Nite-Man  Read Replies (1) | Respond to of 21057
 
X,

I my opinion the logic behind the murder felony rule is quite valid. I believe it was instituted due to an attempted robbery in California where the proprietor died of a heart attack after being threatened with what turned out to be a fake handgun. The reasoning behind the murder/felony rule is that the defendant chose (premeditated) to commit a serious crime _______(fill in the blank) and therefore should be held responsible for all its outcomes. This is true of a group, as well as, an individual. In another words if you're part of a gang looking to rob a bank and someone is killed you cannot claim innocence just because you didn't pull the trigger.

I agree that the law can seem convoluted but I believe it's up to the prosecution to show direct causation between the felony in question and a resulting death. My interpretation of the murder/felony law comes from a criminal justice course taken a long time ago, so a practicing attorney may have a better take on it. Is there a lawyer in the house?

Best regards,

NM