Felony murder

[b322da]

Police kill woman, charge man they were trying to shoot with felony murder. http://www.huffingtonpost.com/2014/08/2 ... 32032.html" onclick="window.open(this.href);return false;

Jim

[Charles L. Cotton]

That's the law in Texas also. If you commit a felony and someone dies because of it, then all participants can be charged with felony murder. This even applies of one of the bad guys is killed by a good guy. Moral: Don't commit felonies because you'll be responsible for any and all deaths.

Chas.

[clarionite]

I understand Felony Murder, and agree with the charge. I struggle a little with the fact that if I defend my family from a felonious assault with a firearm, and find myself in a similar situation to this officer I'll be charged. I'm not arguing for charging the officer. I'm not even saying that I shouldn't be charged in the same situation. But its something that I have a hard time wrapping my head around, the different handling of similar situations.

[Charles L. Cotton]

I understand Felony Murder, and agree with the charge. I struggle a little with the fact that if I defend my family from a felonious assault with a firearm, and find myself in a similar situation to this officer I'll be charged. I'm not arguing for charging the officer. I'm not even saying that I shouldn't be charged in the same situation. But its something that I have a hard time wrapping my head around, the different handling of similar situations.

You wouldn't be charged with felony murder because you would not have been committing a felony. You would be justifiably using deadly force. You may be subject to prosecution for recklessly injuring or killing an innocent person, but even that's not a given. Remember, not all unintended consequences rise to the level of "recklessness" as defined in TPC §6.03(c).

Chas.

A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.

The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

[clarionite]

I understand Felony Murder, and agree with the charge. I struggle a little with the fact that if I defend my family from a felonious assault with a firearm, and find myself in a similar situation to this officer I'll be charged. I'm not arguing for charging the officer. I'm not even saying that I shouldn't be charged in the same situation. But its something that I have a hard time wrapping my head around, the different handling of similar situations.

You wouldn't be charged with felony murder because you would not have been committing a felony. You would be justifiably using deadly force. You may be subject to prosecution for recklessly injuring or killing an innocent person, but even that's not a given. Remember, not all unintended consequences rise to the level of "recklessness" as defined in TPC §6.03(c).

Chas.

A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.

The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

I guess that makes it a little easier to accept. I didn't believe I would have been charged with felony murder, but I was under the impression that I would be charged with reckless injury or negligent homicide in the situation the officer is in. Again, I'm not calling for him to be charged. It's a sad situation for both the young ladies friends and family, and for the officer and his.

[VMI77]

I'd worry more about the adverse effects of Huffpo.

[gljjt]

My only comment is that I would hope the law would be applied equally for law enforcement and non law enforcement. It appears there, although unfortunate, was not any criminal negligence on the part of the officers. I would hope a non LEO would be treated the same (putting aside this occurred in a bar).