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Author Topic: The Felony Murder Rule  (Read 471 times)
gloria
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« on: May 13, 2012, 04:37:12 PM »


The felony murder rule


http://justice4juveniles.wordpress.com/2012/05/13/the-felony-murder-rule/

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The felony murder doctrine is the reason 13 year old Cristian Fernandez faces life without parole for a crime he was charged with at just 12 years of age. Jurors are not informed that those being tried in accordance with this law will receive life without parole. Instead, some jurors have later stated they thought the verdict would result in a lighter sentence.

Carolyn Butterworth was one of the jurors who deliberated on the jury for Joseph Donovan. She later stated, “People in our juror pool said ‘he’ll get out in a few years.’” She now realizes this was not true then and it still isn’t true since Joseph remains in prison.
 
Is this what will happen to Cristian? Will the jury find him guilty of aggravated battery, without realizing that the combination of the battery charge with murder makes it applicable under the felony murder rule? Do people realize that felony murder is treated like first degree murder but that a prosecutor does not need to prove the death was premeditated?



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Marie
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« Reply #1 on: May 13, 2012, 08:23:50 PM »


It seems to me that the defense lawyer really needs to make this clear.
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gloria
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« Reply #2 on: May 14, 2012, 03:16:41 AM »


Unequal Justice?: An NECN Documentary (May 2010)

http://www.google.es/url?sa=t&rct=j&q=unequal%20justice%3F%3A%20an%20necn%20documentary%20(may%202010)&source=web&cd=1&ved=0CGkQFjAA&url=http%3A%2F%2Fwww.necn.com%2Fpages%2Funequal_justice%2F0&ei=z8ywT6OcOMiKswbshJmQBA&usg=AFQjCNEDSZ7udG2S6QEkt86sGpV-ZsG6pA

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Joseph Donovan who sits in prison, the only one of the three teens convicted as an adult of felony murder, and the only one sentenced to life in prison without parole.

Eighteen years after the murder of Yngve Raustein, Joseph Donovan is serving a life sentence for murder - even though he never killed anyone.

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wolfi2
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« Reply #3 on: May 14, 2012, 09:05:56 AM »


Hm, would it be appropriate to post at each article they write at the comment section, that he faces a mandatory live without parole sentence? The best would be the first comment is starting with:  Live without parole is still the mandatory sentence Christian Fernandez faces!,   or something like that
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One sees well only with the heart. The essential is invisible to the eyes (Antoine de Saint Exupéry)

Melissa
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« Reply #4 on: May 16, 2012, 02:40:51 PM »


Wolfi,
I think it is appropriate yes. Couldn't hurt.
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wolfi2
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« Reply #5 on: May 16, 2012, 02:46:09 PM »


Wolfi,
I think it is appropriate yes. Couldn't hurt.

Grin
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One sees well only with the heart. The essential is invisible to the eyes (Antoine de Saint Exupéry)

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