Laventille fire legal ramifications

[mammadon]

Murder? Can it be proven that the arsonists intended to kill?

I ent saying he shouldn't be charged, to say so is dotish. But a murder charge will be difficult to prove IMO.

Manslaughter seems reasonable.

[Sirius]

Was it reported they were going to pursue murder charges? I'm thinking arson resulting in manslaughter is probably more along what they can do...

[sacky]

would we really miss dem

[letric]

would we really miss dem

[bigzack]

I believe that Trinidad also has laws that are crafted similar to the laws that give rise to what is known as "Felony Murder".

http://criminal.lawyers.com/Criminal...-a-Felony.html

Felony Murder Rule



Most forms of murder require an intent to commit death. Felony murder only
requires the intent to commit the felony. During the course of the felony, any
homicide will be considered murder, whether it's intentional or accidental. This
is called the felony murder rule.


Under the felony murder rule, all participants of a felony can be charged
with murder if a homicide occurs. This is true even if a participant isn't
directly responsible for the death. For example, the driver of a getaway car can
be charged with felony murder if his partner accidently shoots someone while
attempting to rob a bank. The purpose for the felony murder rule is to deter
people from engaging in felonies knowing that they can be liable for the actions
of their partners.


Limitations on the Felony Murder Rule



Many people disagree with the felony murder rule. They find the rule unfair
since it doesn't take into account the criminal's intent to kill. Since a
criminal can be charged with murder for someone else's act, the law doesn't
differentiate between a person who has bad intentions and one who has no bad
intentions.


Most states have limitations on when the rule can be used. The felony must
usually be a dangerous crime or committed in a dangerous manner. Some examples
of felonies that'll support the felony murder rule include:

• Robbery
• Rape
• Sodomy
• Arson
• Burglary
• Kidnapping
• Escape from law enforcement

[bigzack]

Here is something that I found that is very interesting. It may shed more light on the questions posed by this thread.

http://www.corteidh.or.cr/docs/casos...so/desmond.PDF

First, there is the Felony murder rule, whereby anybody who participates in a violent felony is
guilty of murder If a death occurs in the joint enterprise, whether they foresaw or contemplated
the fatal act that caused death or not. The felony murder rule entered the law of Trinidad via the
English common law. The rule was rightly criticized for its harshness, in that it could lead to the
condemnation of death of a defendant who neither intended death nor even foresaw that death
might result. Consequently, the felony murder rule in England was abolished by section 1 of the
Homicide Act 1957, however no equivalent legislation was enacted for Trinidad and the rule
remained in place.
In the case of Moses v. The State [1997] A.C. 53, however, the Privy Council
held that the felony murder rule had been implicitly abolished when the distinction between
felonies and murders in Trinidad was removed by section 2(1)(a) and Schedule 1 of the Law
Reform (Miscellaneous Amendments) (No. 1) Aet 1979.

It was hoped that this anachronistic mechanism for attributing "constructive malice" would
disappear from the law of Trinidad and every other Caribbean society, where belated
modernization of the archaic classification of offences had taken place. In 1997 however the
Government enacted the Criminal Law (Amendment) Act, restoring amended form of the felony
murder rule for offences committed after 29 July 1997. This is a rare example of positive steps
being taken to reject a sensible advance. followed by legislation returning the law to the arbitrary
inhumanities of the felony murder rule.

[dancerboy]

Here is something that I found that is very interesting. It may shed more light on the questions posed by this thread.

http://www.corteidh.or.cr/docs/casos...so/desmond.PDF

The felony murder rule had been implicitly abolished. You see how stupid that 'peace' of legislation is. In Florida, if you are an accomplice in a robbery, and one of the robbers commit murder in pursuit of the robbery, both robbers face murder. It matters not whether the other robber knew his 'robber' pardner intended to kill someone. Like the ole people would say: If you wasn't they, they couldn't call your name".




DANCERBOY

[letric]

The felony murder rule had been implicitly abolished. You see how stupid that 'peace' of legislation is. In Florida, if you are an accomplice in a robbery, and one of the robbers commit murder in pursuit of the robbery, both robbers face murder. It matters not whether the other robber knew his 'robber' pardner intended to kill someone. Like the ole people would say: If you wasn't they, they couldn't call your name


DANCERBOY

Indeed ... (one of my deceased mother's favourite sayings)

[mammadon]

On second thought, I guess he could get done for causation. If dey's a link between the offender's action and a subsequent death, then it's possible.

[bigzack]

Talking about felony murder in the USA.

http://usnews.msnbc.msn.com/_news/20...illed-intruder

Prosecutors have charged his alleged accomplice, 29-year-old Dustin Louis Stewart, with first-degree murder. According to authorities, Stewart was with Martin but ran away from McKinley's home after hearing the gunshots.


"When you're engaged in a crime such as first-degree burglary and a death results from the events of that crime, you're subject to prosecution for it," Walters said.

"I waited till he got in the door. They said I couldn't shoot him until he was inside the house. So I waited until he got in the door and then I shot him," McKinley told KFOR.