Friday, 5 December 2014

Bama and Murder

Alabama has a code written into law, which has an attachment to the charge of murder.  It's in section 13A-6-2 of the state code.

Basically....anyone is committing murder if he/she does of any of the following: commits or attempt to commit first degree arson, first or second degree burglary, first degree escape from a jail or prison, first degree kidnapping, first degree rape, any type of robbery, first degree sodomy, or any felony dangerous to life....if there is a death of any person while in this circumstance.

So, even if you were not the shooter, or the person intent on the crime....just by association in an episode where someone dies.....you get charged with murder.  Just driving a guy away from a shooting zone....you are participating and will be charged with murder.

This puts an awful crimp into defending you in some court episode.  Maybe you were just helping some cousin get even with a neighbor by participating to a minor degree in some arson situation on a house....and someone dies during the ensuing fire.  If you get pointed out.....just by minor participation....you need a special lawyer and will be fighting murder charges.

This all comes up because of a Faulkner State college kid, who was participating in a home robbery in the Montgomery area.  Four college gentlemen....all from the Christian-themed university....decided to rob some house.  The owner figured out what was going on.....pulled a gun while they were in the house, and shot one of the fine young gentlemen dead.  The remaining three guys?  All will apparently be charged with murder.

You can imagine the shock on their faces.  None carried a gun.  None had even a knife on them apparently.....at least the news media suggests that.  The prosecutor decided to apply the full law upon them.

If convicted?  I'm not sure that any of the three would get more than ten years in prison.  The court might come to agree on the conviction but not see any reason to throw a massive book at them.

How many folks in Bama know the law?  I'd take a guess that less than three-percent of the population is aware of how the law can be applied.  For some, it'd be a massive shock to know that they might do something to help a friend or neighbor....and end up with some murder charge because things went wrong.

No comments: