General Discussion
In reply to the discussion: Woman who drove 3 slain in Oklahoma home invasion speaks out [View all]Hassin Bin Sober
(27,472 posts)... if you are otherwise guilty of a felony related to your shootout.
Obviously, self defense would preclude a felony charge/conviction (even gang members have successfully used self defense arguments).
But if you and your buddies set out to, say, ambush another gang, you absolutely should be held responsible for ALL deaths in your foray in to Wild West life.
The standard is, iirc, the death has to be a "foreseeable result of your action"
Your phrase - "burglary gone wrong" - how many times have you heard that phrase? What happens when a burglary goes wrong? People can often wind up dead. That's the point.
Don't do felony burglaries that turn in to home invasions and you will be ok. Don't do the crime if you can't do the time. It's really that simple.
I'm not unsympathetic to your position. I get it. And I will agree sometimes the felony murder statute gets overused - I mentioned upthread a case of a guy getting charged for a helicopter crash during his high speed chase. But these are gray areas that need to be worked out before a judge and jury.
I also think, just outright dismissing any culpability for her in those kids' deaths is wrongheaded.