Originally posted by: thraashman
How about this as a better example. You and your buddy rob a bank. You have no intention of killing anyone. While robbing the bank someone in the bank who is armed gets overzealous and tries to stop you. He messes up and instead shoots and kills an innocent bystander. Who should be held accountable for that bystander's death? The man who was simply trying to stop two felons or the felons who put the man in the situation where he accidentally killed someone? Or do you think that those felons should just get a couple years for armed robbery and no one should be held accountable for an innocent person's death?
That is better and is impossible to answer unequivocally. It's no different than arguing who's at fault if a cop in a high speed chase kills somebody. Was there merit for the chase? Was he the force's best driver or did he already have a history of getting in car accidents all the time?
Or do you think that those felons should just get a couple years for armed robbery and no one should be held accountable for an innocent person's death?
One felon already died, so he was held accountable. The other one should be punished in no way separate than if his friend wasn't there, so whatever punishment normally comes along with whatever the heck he was doing.
If I'm with my buddy and we both decide it's a good idea to steal gas, but the gas station owner runs out and before I can say anything my buddy plows him over and kills him, should I really be held accountable? It's not like this guy could necessarily control what hisf riend was doing.
We could come up with examples alllllllll day long, though
You and your partner burgle a house and then the home owner shoots your pal dead. You get homicide added to your charges, right?
Apparently, though you shouldn't, for you never intended to kill anybody and you may never even have attacked anybody or even had a weapon with you, so it's a bit stupid to charge you with homicide.
it's called the felony murder rule, and it's one we imported from england along with the rest of the common law.
I thought you guys fought a war a couple hundred years ago so you'd not have to live under the crown's guidance.
I think it's brilliant. The responsibility lies in who starts a confrontation, not in who ends it.
It's still dumb. I am at a firing range with my legal machine gun and you and your friend pick a fight. I legally defend myself from you and your friend dies plus I end up accidentally shooting a bus of kids driving by and hit a gas tank on a truck and another 30 people die. That was your fault?
OK, I have to stop. I'm getting stupider even writing these scenarios.