america, where guns run free

[nature boy]

http://www.ctv.ca/CTVNews/TopStories/20 ... do-120105/

[se7entse7en]

Hmm.... I may be having another brain fart, but to me the strangest part of the story was that the accomplice is being charged with first degree murder.

[nature boy]

yeah, i don't know why it's first degree. maybe just to make an example of him?

[geForce]

I thought first degree murder was premeditated murder. I mean, that guy is a criminal no doubt, but then he didn't plan on getting his buddy killed, even though I do agree that it was both their faults that it happened.

It's like if you're driving a car dangerously with a passenger with you, and then you crash and your passenger dies, that would be manslaughter. The driver knows that he's putting the passenger in danger by driving like an idiot, but he didn't premeditate to kill the passenger.

[joel]

see:
http://en.wikipedia.org/wiki/Felony_murder_rule

anyways, it sounds like self-defense to me. they may have just left her and her child alone. But she can't read their minds. they may have intended her harm too.

[geForce]

[joel]

[nature boy]

i think that first link that joel posted pretty much answers the question. it's because they're involved in a felony that it's considered first degree, and not second (which i would have assumed it would be from the start). although it was an accomplice that was killed and not a victim, someone still died within the scope of that felony.

[se7entse7en]

I guess the charge fits their law. I'm just not too keen on the law I guess.

[nature boy]

it's also completely lawful for that girl to shoot the intruders. american law says that it's completely within your right to defend your property by any means necessary.

remember that simpsons episode where chief wiggum tells homer that when someone's on their property, anything he does to them will be nice and legal *wink wink. so homer leans out the window and is like "hey flanders, can you come over here for a minute?"
chief wiggum: uh homer, it doesn't work if you invite them over
flanders: hidley ho!
homer: get lost
flanders: doodly do!

[joel]

i think the harshness of the felony murder rule is to dissuade those from committing the felony in the first place. perhaps it's not "fair" that everyone be punished equally, but i guess the intent of the law isn't to be "fair" for this scenario. i guess the one caveat is that you can't be executed for felony murder

[nature boy]

they're trying to make the punishment fit the crime, which i guess is understandable. but there's no way those two guys would have thought that they were going to get shot.

[joel]

they probably should have considered it though, considering how many gun totting americans there are...

[nature boy]

yeah, and in a trailer park too. but these junkies would do anything for their high i guess.