Thu Jan 7, 2021, 02:57 PM
revmclaren (2,002 posts)
Question for the legal eagles here at DU.
Can those charged in the violent insurrection and tresspass/vandalism of The Peoples House yesterday be charged with murder as at least one of the deaths occurred during the act of committing a felony?
What do DC laws say about this.
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14 replies, 1341 views
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Author | Time | Post |
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revmclaren | Jan 2021 | OP |
avebury | Jan 2021 | #1 | |
revmclaren | Jan 2021 | #3 | |
rzemanfl | Jan 2021 | #2 | |
PoliticAverse | Jan 2021 | #4 | |
revmclaren | Jan 2021 | #9 | |
rzemanfl | Jan 2021 | #5 | |
revmclaren | Jan 2021 | #8 | |
JT45242 | Jan 2021 | #6 | |
revmclaren | Jan 2021 | #7 | |
rzemanfl | Jan 2021 | #13 | |
Tommy_Carcetti | Jan 2021 | #10 | |
revmclaren | Jan 2021 | #11 | |
rzemanfl | Jan 2021 | #12 | |
rdking647 | Jan 2021 | #14 |
Response to revmclaren (Original post)
Thu Jan 7, 2021, 02:59 PM
avebury (10,895 posts)
1. Interesting question
I know in many states, if a person is involved in a criminal activity that results in a death the person can also be charged on the death.
I would be interested if knowing that this is so in Washington DC as well. |
Response to avebury (Reply #1)
Thu Jan 7, 2021, 03:03 PM
revmclaren (2,002 posts)
3. I know it's true here in California
but unsure of other states. May be leverage for the authorities to find more perps and information on the planning of the riot.
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Response to revmclaren (Original post)
Thu Jan 7, 2021, 03:01 PM
rzemanfl (29,279 posts)
2. There's a thread. I am on a tiny device.
Response to revmclaren (Original post)
Thu Jan 7, 2021, 03:06 PM
PoliticAverse (26,366 posts)
4. Here's a link to the law in DC on Murder...
https://code.dccouncil.us/dc/council/code/titles/22/chapters/21/
And here is an article written by a former prosecutor that speaks specifically to this issue... https://lawandcrime.com/legal-analysis/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/ |
Response to revmclaren (Original post)
Thu Jan 7, 2021, 03:12 PM
rzemanfl (29,279 posts)
5. Thread here-
https://www.democraticunderground.com/100214839796
The Law and Crime article covers the whole thing. |
Response to revmclaren (Original post)
Thu Jan 7, 2021, 03:13 PM
JT45242 (1,800 posts)
6. Technically, the capitol building is federal land so DC jurisdiction doesn't matter
Federal law should allow the murder as a result of a crime. (I posted elsewhere on this). All charged with the underlying felony are co-felons in the crime and could be charged.
Should make for easy plea bargains. They face capital murder charges in addition to all the other various felonies. Remember as they go one, they go all .... right to the terre haute execution chamber. |
Response to JT45242 (Reply #6)
Thu Jan 7, 2021, 04:53 PM
rzemanfl (29,279 posts)
13. This says not likely-
https://lawandcrime.com/legal-analysis/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/
As far as plea bargains go, see this thread- https://www.democraticunderground.com/100214841671 There were plenty of windows broken. |
Response to revmclaren (Original post)
Thu Jan 7, 2021, 04:36 PM
Tommy_Carcetti (42,681 posts)
10. Felony murder.
So possibly yes.
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Response to Tommy_Carcetti (Reply #10)
Thu Jan 7, 2021, 04:48 PM
rzemanfl (29,279 posts)
12. See the link to article above. n/t
Response to revmclaren (Original post)
Thu Jan 7, 2021, 05:13 PM
rdking647 (5,113 posts)
14. a good friend of mine is a prosecutor in texas
she said that under texas law they could be however she didnt know about how federal law worked
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