What is wrong with this conviction ?

[Shannow]

Don't get me wrong, drug dealers with illegal guns, and getting involved in shootouts deserve to go to jail for a very long time...however, this one has my blood boiling on so many levels, beginning with the misrepresentation at the time that the officer was killed...

http://www.theaustralian.com.au/news/cop...6-1226598089284

 

[sentra]

Originally Posted By: article
Constable Crews was hit in the arm by Nguyen's bullet, with the fatal shot coming from another officer's gun.


Well, the guy plead guilty to manslaughter even though he didn't fire the fatal shot, which is a troubling outcome. However, in exchange for the guilty plea, the crown must have stayed or withdrawn a number of other charges, which could have potentially resulted in a longer jail term.

 

[mechanicx]

In some states in the US, you don't even have to lay a finger on anyone when commmiting a felony and can get charged with murder.


Quote:
Most forms of murder require an intent to commit death. Felony murder only requires the intent to commit the felony. During the course of the felony, any homicide will be considered murder, whether it's intentional or accidental. This is called the felony murder rule.

Under the felony murder rule, all participants of a felony can be charged with murder if a homicide occurs. This is true even if a participant isn't directly responsible for the death. For example, the driver of a getaway car can be charged with felony murder if his partner accidently shoots someone while attempting to rob a bank. The purpose for the felony murder rule is to deter people from engaging in felonies knowing that they can be liable for the actions of their partners.

 

[HerrStig]

Originally Posted By: mechanicx
In some states in the US, you don't even have to lay a finger on anyone when commmiting a felony and can get charged with murder.


Quote:
Most forms of murder require an intent to commit death. Felony murder only requires the intent to commit the felony. During the course of the felony, any homicide will be considered murder, whether it's intentional or accidental. This is called the felony murder rule.

Under the felony murder rule, all participants of a felony can be charged with murder if a homicide occurs. This is true even if a participant isn't directly responsible for the death. For example, the driver of a getaway car can be charged with felony murder if his partner accidently shoots someone while attempting to rob a bank. The purpose for the felony murder rule is to deter people from engaging in felonies knowing that they can be liable for the actions of their partners.
That's how it works.

 

[Win]

Everything is wrong with that conviction.

He would be convicted of capital murder here, that gets you the needle or old sparky, convict's choice.

A good plea would have been life without parole.

edit: it is a capital offense here because of the status of the victim - a leo.

 

[Shannow]

Originally Posted By: mechanicx
In some states in the US, you don't even have to lay a finger on anyone when commmiting a felony and can get charged with murder.


That's what's so wrong IMO...

I posted here just before Christmas a few years ago, that a guy that I used to kick around with a bit and his friend were set upon by a gang of thugs.

Matt had an underlying heart condition that he didn't know about, his mate was beaten, and Matt hit the deck and died before he had actually been hit (all less than 70 from the Police station).

No charges laid, as he "could have dropped dead mowing the lawn"...which wasn't the point, he was ambushed, and died.

In this case, the fatal bullet was from another cop's firearm. I get that the cops wouldn't have been shooting but for the circumstance, and can accept that the officer wouldn't have been killed otherwise...

Just hate to see two sets of laws, both circumstances ending in fatherless children.

 

[zerosoma]

Unfortunately the fatal shot never left the criminal's gun. However due to "causing the situation" the bullet from the officer's gun was partly his fault, therefore he retains a partial manslaughter sentence.

Makes sense to me. Just very sad however.