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felony murder: why a teenager who didn't kill anyone faces 55 years in jail
by bw Sat Feb 28, 2015 8:54 pm
Blake Layman broke into a house unarmed. The homeowner opened fire, injuring him and killing a friend. But Indiana law means he is officially a murderer
http://www.theguardian.com/us-news/2015/feb/26/felony-murder-teenager-55-years-jail-indiana
http://www.theguardian.com/us-news/2015/feb/26/felony-murder-teenager-55-years-jail-indiana
bw- Posts : 2922
Join date : 2012-11-15
Re: felony murder: why a teenager who didn't kill anyone faces 55 years in jail
by Marathadi-Saamiyaar Sat Feb 28, 2015 9:38 pm
bw wrote:Blake Layman broke into a house unarmed. The homeowner opened fire, injuring him and killing a friend. But Indiana law means he is officially a murderer
http://www.theguardian.com/us-news/2015/feb/26/felony-murder-teenager-55-years-jail-indiana
Blame it on the State legislators (whose IQ is usually in double digits) trying to satisfy the Churchers lobby and superficially satisfying they have come down hard on criminals.
I bet the states that do not have that law on the books are on either coast.
Marathadi-Saamiyaar- Posts : 17675
Join date : 2011-04-30
Age : 110
Re: felony murder: why a teenager who didn't kill anyone faces 55 years in jail
by nevada Sun Mar 01, 2015 2:48 am
"Robber plays victim, fails to take responsibility for the consequences of his actions" would be a more apt headline.
How can the home owner know that these robbers are unarmed? A home invasion is not as harmless as say, a kid stealing the garden hose lying outside in the lawn. It is a serious violation and invasion of someone's personal space. Being a prey in your own home is not a very happy experience. Good on the homeowner for teaching the robbers a lesson they cannot forget.
At least this idiot's friends will now be scared to do anything like this. Or, maybe they will go in with guns, as has been happening in places like Oakland, Richmond, etc here in California. There has been a trend of 2-3 armed youths ganging up, knocking down doors, shooting at whoever is in the home and carrying out robberies. There was an incident where a 65 year old man who went for a hike was robbed and shot dead 3/4 mile from the park entrance.
How can the home owner know that these robbers are unarmed? A home invasion is not as harmless as say, a kid stealing the garden hose lying outside in the lawn. It is a serious violation and invasion of someone's personal space. Being a prey in your own home is not a very happy experience. Good on the homeowner for teaching the robbers a lesson they cannot forget.
At least this idiot's friends will now be scared to do anything like this. Or, maybe they will go in with guns, as has been happening in places like Oakland, Richmond, etc here in California. There has been a trend of 2-3 armed youths ganging up, knocking down doors, shooting at whoever is in the home and carrying out robberies. There was an incident where a 65 year old man who went for a hike was robbed and shot dead 3/4 mile from the park entrance.
nevada- Posts : 1831
Join date : 2011-04-29
Re: felony murder: why a teenager who didn't kill anyone faces 55 years in jail
by FluteHolder Sun Mar 01, 2015 3:17 am
While the robber/s need to be punished for the crime but not for the murder. Here it is all up to the jury and more to the prosecutor and his determination/skill to convict or not.
Recently came across a quote which was told by an attorney. This quote was made by a judge --a prosecutor can persuade a grand jury to indict a ham sandwich.
http://columbialawreview.org/ham-sandwich-nation_reynolds/
---
“If the prosecutor is obliged to choose his cases, it follows he can choose his defendants.”4 This method results in “[t]he most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted.”5 Prosecutors could easily fall prey to the temptation of “picking the man, and then searching the law books . . . to pin some offense on him.”6 In short, prosecutors’ discretion to charge—or not to charge—individuals with crimes is a tremendous power, amplified by the large number of laws on the books.
Recently came across a quote which was told by an attorney. This quote was made by a judge --a prosecutor can persuade a grand jury to indict a ham sandwich.
http://columbialawreview.org/ham-sandwich-nation_reynolds/
---
“If the prosecutor is obliged to choose his cases, it follows he can choose his defendants.”4 This method results in “[t]he most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted.”5 Prosecutors could easily fall prey to the temptation of “picking the man, and then searching the law books . . . to pin some offense on him.”6 In short, prosecutors’ discretion to charge—or not to charge—individuals with crimes is a tremendous power, amplified by the large number of laws on the books.
FluteHolder- Posts : 2355
Join date : 2011-06-03
Re: felony murder: why a teenager who didn't kill anyone faces 55 years in jail
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