What's Hot | Search |

Get Your Personal
On-Air Report Here

blog advertisingis good for you
Friday, November 16, 2007
Posted by: Kevin McCullough at 7:05 AM


"Guilty"...and lived to appeal it! 

Even though some black racists decry it, and after hearing about these sad cases in which justice will not be done, sounds like this prosecutor in California - and the citizen legislators of that same state got it right:

LAKEPORT, Calif.  —  Three young black men break into a white man's home in rural Northern California. The homeowner shoots two of them to death — but it's the surviving black man who is charged with murder.

In a case that has brought cries of racism from civil rights groups, Renato Hughes Jr., 22, was charged by prosecutors in this overwhelmingly white county under a rarely invoked legal doctrine that could make him responsible for the bloodshed.

"It was pandemonium" inside the house that night, District Attorney Jon Hopkins said. Hughes was responsible for "setting the whole thing in motion by his actions and the actions of his accomplices."

Prosecutors said homeowner Shannon Edmonds opened fire Dec. 7 after three young men rampaged through the Clearlake house demanding marijuana and brutally beat his stepson. Rashad Williams, 21, and Christian Foster, 22, were shot in the back. Hughes fled.

Hughes was charged with first-degree murder under California's Provocative Act doctrine, versions of which have been on the books in many states for generations but are rarely used.

The Provocative Act doctrine does not require prosecutors to prove the accused intended to kill. Instead, "they have to show that it was reasonably foreseeable that the criminal enterprise could trigger a fatal response from the homeowner," said Brian Getz, a San Francisco defense attorney unconnected to the case.



View in ascending order View in descending order
lilly writes: Friday, November, 16, 2007 8:29 AM
Who's Guilty?
This is a fascinating case. It sounds like the kind of legal problem law students are given to argue from different points of view. The "guilty" party didn't do the crime but did an action that led to the crime, so is the instigator not also guilty? What situations like this always make me think of is the famous "Blind Sheik" (whose name I can never remember) who, in New York, preached violence against the United States; his preaching led to the first WTC attack. And every parent knows about Sib # 1 taunting and needling until Sib # 2 gives him a smack: then who should be punished?
ElrondCT writes: Friday, November, 16, 2007 9:09 AM
Felony murder
While I haven't quite heard of the Provocative Act doctrine before, most if not all states have a "felony murder" statute which holds that if someone dies as a result of your committing a felony, you can be charged with murder. One example I remember hearing about involved a felon (perhaps a bank robber, I don't remember) who was fleeing the scene of a crime and being chased by a police officer. The officer crashed his car and died; the felon was caught and convicted of felony murder, even though he had no direct involvement in the crash. The fact that the crash was occasioned by the officer responding to the felony was sufficient justification.

The same concept would certainly apply here. The hoodlum was clearly committing multiple felonies, along with his buddies who got their immediate, non-appealable sentence.
Sign Up to Post Your Comments Sign Up to Post Your Comments
Please take a few seconds to sign up, then you’ll be able to post your comments immediately, use the action center, get podcasts, create your own blog and more! If you are already registered, click here.
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
 

 

blog advertising is good for you
Archives
Blog Search:




Blogroll
PREMIUM BLOGS
Andrew Sullivan
BatesLine
Ben Shapiro
Beyond The News
Blogs For Bush
BlueStateConservatives
Broken Masterpieces
Captain's Quarters
Cheese and Crackers
Communists For Kerry
The Corner (NRO)
Daou Report
David Limbaugh
Dawn Patrol
EasonGate
Filling Up Space
Fire Ant Gazette
Front Page Magazine
GOP Bloggers
Happy Husband
HillaryWatch
Hugh Hewitt
Instapundit
John Huang
Kaus Files
Kevin McCullough
Kerry Spot
LaShawn Barber's Corner
Lileks
Little Green Footballs
MarriageWatch
Michelle Malkin
Northshore Politics
Obama Factor
Pardon My English
Powerline
Rabes Ramblings
Radio Blogger
Ramblings Journal
Ray Pritchard
Real Clear Politics
Red State
Saint Kansas
Scrappleface
Sexless In The City
SlantPoint
Townhall C-Log
Volokh Conspiracy
Vox Popoli
Weintraub
WizBANG
Worldthreats
Zorn's Notebook

CPAC BLOGS
Ace of Spades HQ
Alarming News
Ankle Biting Pundits
GOP Bloggers
HughHewitt.com
JunkYardBlog
Kevin McCullough
La Shawn Barber's Corner
Miscellaneous Objections
Outside The Beltway
Politics from Left to Right
Redstate
Terrorism Unveiled
The American Mind
The National Debate
TheAgitator.com
Townhall.com
Winds of Change.NET
Wizbang
Wonkette


GODBLOGGERS
Adrian Warnock
Al Mohler
Better Living
Ethos
Evangelical Outpost
It Takes A Church
John Mark Reynolds
La Shawn Barber
Mark D. Roberts
Normal Rockstar
Ray Pritchard
Rhett Smith
Roman Catholic Blog
Stand to Reason
Steve Camp
Stones Cry Out
Summa Aesthetica
The Anchoress

MILBLOGGERS
Argghhh!
Austin Bay
Belmont Club
Black Five
Centcom
Counterterrorism Blog
Froggy Ruminations
Hooah
Howdy
Hurl
Law and Ordnance
Major K
Mudville Gazette
Smash
Training for Eternity