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For those watching the Casey A. trial.....
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<blockquote data-quote="Malika" data-source="post: 442901" data-attributes="member: 11227"><p>I listened to the judge summing up but not with all my attention, as I was also engaged with other things. If it is right that an "accidental overdose" leading to death constitutes felony murder, then I agree that the jurors would have little alternative to find that felony murder had been proven beyond reasonable doubt. </p><p>Doing a little internet research, I found the following:</p><p></p><p>Colorado's felony murder law and similar statutes in all 50 states</p><p>derive from the common law of England. The English doctrine of</p><p>felony murder, which makes all participants in a felonious</p><p>undertaking responsible for the homicidal acts of the other</p><p>perpetrators either during the commission of the crime or during</p><p>flight from the scene, dates back to 1535.</p><p></p><p>Therein lies part of the problem. At the time of the felony murder</p><p>rule's genesis, most felonies were punishable by death anyway, so</p><p>attributing responsibility to everyone involved in the underlying</p><p>crime for a death suffered during its commission was not all that</p><p>significant.</p><p></p><p>Times change. Parliament abolished the doctrine of felony murder in</p><p>1957, based on the recognition that the rule often had overly harsh</p><p>consequences. Not so in Colorado, although the list of predicate</p><p>crimes shrank to those most associated with bloodshed and was</p><p>limited to deaths occurring during the commission of a felony or</p><p>in "the immediate flight" from the scene.</p><p></p><p></p><p>I am now confused as to how the crime in this case, allegedly committed alone, could be classed as "felony murder"??</p></blockquote><p></p>
[QUOTE="Malika, post: 442901, member: 11227"] I listened to the judge summing up but not with all my attention, as I was also engaged with other things. If it is right that an "accidental overdose" leading to death constitutes felony murder, then I agree that the jurors would have little alternative to find that felony murder had been proven beyond reasonable doubt. Doing a little internet research, I found the following: Colorado's felony murder law and similar statutes in all 50 states derive from the common law of England. The English doctrine of felony murder, which makes all participants in a felonious undertaking responsible for the homicidal acts of the other perpetrators either during the commission of the crime or during flight from the scene, dates back to 1535. Therein lies part of the problem. At the time of the felony murder rule's genesis, most felonies were punishable by death anyway, so attributing responsibility to everyone involved in the underlying crime for a death suffered during its commission was not all that significant. Times change. Parliament abolished the doctrine of felony murder in 1957, based on the recognition that the rule often had overly harsh consequences. Not so in Colorado, although the list of predicate crimes shrank to those most associated with bloodshed and was limited to deaths occurring during the commission of a felony or in "the immediate flight" from the scene. I am now confused as to how the crime in this case, allegedly committed alone, could be classed as "felony murder"?? [/QUOTE]
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