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How is this Legal in America?

Cops are worse than the criminals....
 
Evilroddy said:
https://www.theguardian.com/us-news/2018/apr/15/alabama-accomplice-law-lakeith-smith

Lakieth Smith was convicted and sentenced for a killing of his accomplice (A'Donte Washington) done by police officers. Lakieth was unarmed during the crime. Nobody disputes the fact that police shot dead the victim. But using a twisted application of the felony-murder accomplice laws in Alabama this youth, who was 16 years old at the time, was sentenced to decades of prison for the acts of police officers over whom he had no control or influence and whose actions neither he nor any other reasonable person could have foreseen. The police officer who shot the accomplice was not charged with the killing as it was ruled a justified homicide and thus no crime was committed in the death of the youth. Yet despite no crime having been committed and no principal felony having lead to the death, Lakieth Smith was convicted as an accomplice to a crime which never happened. It is mind boggling!

I am forced to wonder if prosecutors had tried to pin felony-murder accomplice charges on police dispatchers and other police officials if an on-duty police officer had been found guilty of murder, in the course of discharging his duties would the legal community and the media be so sanguine about what is clearly a glaring miscarriage of justice. Nail the teen for the burglary crimes he committed but don't prosecute him for the actions taken by police at the scene of a felony. This is Kafkaesque legal abuse, as clear as day. What is wrong with the American legal system that people can't see this.

Befuddled.
Evilroddy.
Click to expand...

So basically what we're saying here is that

If me and 4 friends commit a misdemeanor, and the police shoot and kill one of us, me and my 4 friends are now on the hook for murder?
 
Nilly said:
So basically what we're saying here is that

If me and 4 friends commit a misdemeanor, and the police shoot and kill one of us, me and my 4 friends are now on the hook for murder?
Click to expand...

"in commission of a felony"

if you and your friends decide to steal a little crap from Walmart...5 finger discount variety, and someone stupidly gets killed in the process, no...you wont be charged with murder

if you and your friends decide to holdup the local liquor store with a gun, and someone gets killed, yes....you will be charged with murder

the first crime is not a felony....petty larceny/theft
the second one is armed robbery
 
While it may be true ( to some) that the punishment was too much, The kid did himself no favors,, Laughing when found guilty,, Mumbling to the judge "I ain't got no time for this) during the sentence phase.

I go in for jury duty almost yearly,, The formality in the courtroom always amazes me..

A little advise for Mr. funny guy defendant.

Don't smart mouth/Piss off the man/woman that is about to determine your sentence.. When in court you better dress right, say yes your honor/no your honor, If it pleases the court, Please, Thank you etc..

Seeing as though he's asking for another trial now, He may want to re think his attitude..

From the article (New York Times):

Smith and four others were charged with felony murder under Alabama’s accomplice liability law because a fifth suspect, A’Donte Washington, was shot and killed by police during the commission of a felony.

The five men, from Montgomery, traveled to Elmore County in a stolen car and broke into two homes in 2015, prosecutors said.

The more I hear about the five "boys" escapades, The less I feel sorry for them ( and it was very little to start with)

djl
 
There is something deeply wrong with a law that allows someone to be convicted of murder when the killing itself is ruled justifiable.
 
gdgyva said:
he was part of the group that did the original crime...burglary

one of his compadres decides to shoot it out with the cops and gets killed

he was offered a plea like all the others...but he turned it down and decided to put his faith in the jury

bad move....

you commit a felony, and a gun is involved, and someone gets killed....you can be charged with murder....even if you never held the gun, or even knew about it

as a 16 yr old, he should have been smarter...and hung out with a better crowd

and his lawyer gave him some really bad advice
Click to expand...

But there was no murder and that's the salient legal point here, besides that he was an unarmed minor.

There being only a justified homicide, then the kid is only accomplice to burglary.
 
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