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Originally posted by Furbs
..if someone killed a mess of someone I didn't want in the country while committing a crime..
..I might charge them with something that is impossible to convict him on if I didn't want him getting in trouble for it.
Not saying this is happening here.. but stranger things have happened.
Originally posted by GovtFlu
reply to post by KnightFire
Think Charles Manson,.. he never killed anyone, but took part in the crime.. similar to, hypothetically, a get away driver, who waited in the car, being charged with murder after one of his criminal cronies kills a teller.
Re: Manson, to wit: "He was convicted of the murders through the joint-responsibility rule, which makes each member of a conspiracy guilty of crimes his fellow conspirators commit in furtherance of the conspiracy's object."
Let's just say this kid was thinking his passengers would be better off away from the border patrol. Would it still be fessible to have a homicide charge vs felony murder?
The question is, was the driver aware that his actions may lead to the loss of life?
But, did the driver know what he was doing?
Originally posted by KnightFire
Originally posted by ReadAwhile
Why murder charges?
Hidalgo County District Attorney Rene Guerra said he wants to "send a message" and try the teenage suspect as an adult.
That's pretty clear. No illusions here.
So what is the message? Don't smuggle people? Don't crash a van with people in it? Don't drive without a license? Don't run from the border patrol? The message they are trying to send isn't very clear IMO.
Originally posted by BenReclused
reply to post by KnightFire
To varying extents in the United States, the requisite intention can also be found where the perpetrator acts with gross recklessness showing lack of care for human life, commonly referred to as "depraved heart murder", or during the commission of or while in flight from any felony or attempted felony (termed felony murder.)
It seems to me that murder IS the appropriate charge!
Originally posted by OhZone
I totally disagree with the charge of anything other than reckless driving and without a license.
There was no intent to harm anyone.
Whatever happened to these things being "just an accident"?
Prosecutors have become way to arrogant in their zeal to make "points".
Do they get a bonus for every success?
Mayber they would be more interested in real justice if when they convicted someone who was innocent, they themselves would have to serve the same sentence. If it was death, well,so be it. To send a message.