Oregon WA too, Can you be charged with murder, even if you don't pull the trigger.

[RicInOR]

I think this is a good read for those of us who carry. What is the current law for where ever you are - and it can be different in another state.

Crime Victim Kills Attacker -- Are the Other Attackers Guilty of Murder?

CNN (Susan Scutti) reports, "6 teens tried to rob a house, police say. After the homeowner shot and killed 1,...

reason.com

"The basic legal principle is this: Many state murder laws provide that someone is guilty of so-called "felony murder" "when, in the commission of a felony, he causes the death of another human being."
"The majority of states that have opined on this question follow the "agency" approach, under which felons are guilty of felony murder only if the immediate human cause of the death is one of the felons. "

And then there is a 3rd view - where it depends upon who the victim is.


"The focus in those third-way states is on who dies (felony murder if anyone die"s other than one of the criminals). The focus in the agency states is on who kills (felony murder only if the immediate human cause of the death is one of the criminals). And in the proximate cause states, it's felony murder if anyone dies, ... "


I did read a news story where a cop killed a bystander - but since the cop would not have been there but for the bad actor, the victim would not have been shot, therefore bad actor is facing a murder charge.

Read More

 

[KKG]

This is a question for an Attorney.

 

[Rickenbacher39]

Yes.
If you are suspect involved in a crime where someone is killed
you are charged with murder.

 

[44Brent]

I think politicians are exempt from their own laws. For example, if politican "A" and politican "B" initiate bombing of country "C" and kill thousands of people for the benefit of lobbyist "D", they all get to share in the spoils without fear of prosecution.

 

[Kruel J]

I think politicians are exempt from their own laws. For example, if politican "A" and politican "B" initiate bombing of country "C" and kill thousands of people for the benefit of lobbyist "D", they all get to share in the spoils without fear of prosecution.

Pretty sure the OP isn't about politics. Laws yes, but politics? Not seeing the connection....

 

[HB of CJ]

The Federal Guvmt can under set legal conditions kill people. Soldiers and civilians. State Guvmts sometimes. County Guvmts? Depends. Local Guvmts? Dunno. Civilians? Strict legal rules? All of this makes no sense to me but that is the way it is. Humm.

Seems Guvments had more rights than citizens? Yikes! My failed feeble point is be very careful you vote for. They might get elected. This gets more important the higher the govmt we go. The President of the USA can pretty much do what he wants to do? Yikes!

 

[bbbass]

Well this is quickly going off the rails!!!

 

[bbbass]

Proximate cause... I'm down with that. Somebody dies, even indirectly, when criminals commit felony act... charge them Dano!!

 

[Wayne]

Yep, you and a buddy attempt to rob a bank, your buddy shoots and kills the guard, you also will be charged with murder. Been that way for a long time, nothing new.

 

[Member 5605]

Pretty sure the OP isn't about politics. Laws yes, but politics? Not seeing the connection....

Proxy.

 

[EPS]

I think this is a good read for those of us who carry. What is the current law for where ever you are - and it can be different in another state.

Crime Victim Kills Attacker -- Are the Other Attackers Guilty of Murder?

CNN (Susan Scutti) reports, "6 teens tried to rob a house, police say. After the homeowner shot and killed 1,...

reason.com

"The basic legal principle is this: Many state murder laws provide that someone is guilty of so-called "felony murder" "when, in the commission of a felony, he causes the death of another human being."
"The majority of states that have opined on this question follow the "agency" approach, under which felons are guilty of felony murder only if the immediate human cause of the death is one of the felons. "

And then there is a 3rd view - where it depends upon who the victim is.


"The focus in those third-way states is on who dies (felony murder if anyone die"s other than one of the criminals). The focus in the agency states is on who kills (felony murder only if the immediate human cause of the death is one of the criminals). And in the proximate cause states, it's felony murder if anyone dies, ... "


I did read a news story where a cop killed a bystander - but since the cop would not have been there but for the bad actor, the victim would not have been shot, therefore bad actor is facing a murder charge.

Yes if you have ever watched the show .
THE FIRST 48.
you will see them charge the gang banger buddies of said dead guy because they were involved in the crime that got him dead.

 

[Member 5605]

Yes if you have ever watched the show .
THE FIRST 48.
you will see them charge the gang banger buddies of said dead guy because they were involved in the crime that got him dead.

Doesn't do much when they release them after the director says "cut".

 

[EPS]

Doesn't do much when they release them after the director says "cut".

Sometimes they do

 

[RicInOR]

Little thought experiment.

Dudes break into your crib. Your Puggle alerts you and you grab your home defense assault cannon.
Bro runs into street and is killed by a passing truck.

You get charged with? .... murder. After all, if you hadden't resisted Bro wouldn't be dead, now would she.

I know far fetched. But we are the enemy and any one of us behind bars is like napalm - smells like victory.


Just sayin' there is more to this than meets the eye.