anguspm Sophomore Member
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Joined: Jul 2008 Gender: Male  Posts: 136 Karma: 3 |  | Law of parties « Thread Started on May 14, 2009, 3:56am » | |
Its an interesting concept and one that I agree with to a certain degree. Just how far it should apply is something that gets me stumped and as always the devil is in the detail.
For example: Take an armed robbery where a victim is killed during it.
Shooter - Guilty - DP candidate in certain states.
But guilt and sentancing of the parties:
Partner who knew shooter was carrying a weapon - ? Partner who knew shooter was carrying a weapon and knew it was with live ammo - ? Partner who knew shooter was carrying a weapon but thought it was a blank / replica - ? Guy who drove the getaway car knew it was an armed robbery -? Guy who drove the getaway car didn't know it was an armed robbery -? Guy who cleaned the money knowing it was from an armed robbery -? Guy who sold the gun illegaly - ?
Where do you draw the line in these and other cases? For example when a medical professional who knows someone is violent and uncontrollable but releases the patient to go home where he or she promtly kills his / her partner or / child. Surely they are as culprable as the guy who sells an illegal gun.
I know I've put up more questions than answers but thats the "grey area" that exists in my interpretation of things.
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Jedi Dork
Joined: Dec 2007 Gender: Female  Posts: 683 Location: Texas Karma: 51 |  | Re: Law of parties « Reply #1 on May 14, 2009, 3:56pm » | |
Partner who knew shooter was carrying a weapon - DP Partner who knew shooter was carrying a weapon and knew it was with live ammo - DP Partner who knew shooter was carrying a weapon but thought it was a blank / replica - LWOP Guy who drove the getaway car knew it was an armed robbery - DP Guy who drove the getaway car didn't know it was an armed robbery - Hard time. Guy who cleaned the money knowing it was from an armed robbery - Hard time. Guy who sold the gun illegaly - Max sentence for violation.
Part of the reason why some patients are released too early is due to insurance and overcrowding. The people who determine how long a patient can stay via third party do hold some sort of responsibility. The doctors hold most of the responsibility.
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Joined: Oct 2006 Gender: Male  Posts: 4,087 Karma: 139 |  | Re: Law of parties « Reply #2 on May 14, 2009, 8:12pm » | |
May 14, 2009, 3:56am, anguspm wrote:Its an interesting concept and one that I agree with to a certain degree. Just how far it should apply is something that gets me stumped and as always the devil is in the detail.
For example: Take an armed robbery where a victim is killed during it.
Shooter - Guilty - DP candidate in certain states.
But guilt and sentancing of the parties:
Partner who knew shooter was carrying a weapon and knew it was with live ammo - ? Partner who knew shooter was carrying a weapon but thought it was a blank / replica - ? Guy who drove the getaway car knew it was an armed robbery -? Guy who drove the getaway car didn't know it was an armed robbery -? Guy who cleaned the money knowing it was from an armed robbery -? Guy who sold the gun illegaly - ?
Where do you draw the line in these and other cases? For example when a medical professional who knows someone is violent and uncontrollable but releases the patient to go home where he or she promtly kills his / her partner or / child. Surely they are as culprable as the guy who sells an illegal gun.
I know I've put up more questions than answers but thats the "grey area" that exists in my interpretation of things.
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Partner who knew shooter was carrying a weapon - ? No question , they share the experience of Life on the Row and shake hands with the executioner
Partner who knew shooter was carrying a weapon but thought it was a blank / replica - ? He should have thought about doing something smart....Like staying home. Enjoy the last meal and hope the tie down team finds a suitable vein with little effort.
Guy who drove the getaway car knew it was an armed robbery -? He had no problem involving himself in a felony crime , he should have no problem walking to the chamber
Guy who drove the getaway car didn't know it was an armed robbery -? Odds are pretty good that he knew they weren't fleeing the scene in a hurry cause his pal had a hot date. One would also assume he heard gunshots fired yet he still continued his participation. A tough question no doubt but the answer would seem to be a speedy execution .Unless he can prove beyond all reasonable doubt that at no time prior or following that he never knew of the crime.
Guy who cleaned the money knowing it was from an armed robbery -? Although he knew the money was dirty , he did not participate in the crime which led to murder. Probably not the sharpest tack in the box , but with a life sentence he should have plenty of time to learn.
Guy who sold the gun illegaly - ? Although he provided the means to carry out the crime , he realistically didn't participate in it. Let him share the cell with the money launderer for the rest of his life....they can study together.
Where do you draw the line in these and other cases? For example when a medical professional who knows someone is violent and uncontrollable but releases the patient to go home where he or she promtly kills his / her partner or / child. Surely they are as culprable as the guy who sells an illegal gun. Culpable perhaps but doubtful they deserve death. Let them serve 10-20 in the slammer for dereliction of duties ,upon release they can appreciate how easy they once had it while working a 9-5 for minimum wage.
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Joined: Jun 2007 Gender: Male  Posts: 2,758 Location: white bluff, tennessee Karma: 22 |  | Re: Law of parties « Reply #3 on Jun 1, 2009, 11:41am » | |
the correct answer is:
EVERY participant, regardless of the level of participation, in the felony, deserves the death penalty. if the punk in the car knows the trash is going to rob the store, it's totally irrelevant as to whether he knows the clown has a gun at all.
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