Can passengers be charged with attempted murder if the driver hits a cop?
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Can passengers be charged with attempted murder if the driver hits a cop?
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3 girls in the car and they are all being charged. You can read the article here. I am just wondering how they can charge the passengers. http://timesnews.net/article.php?id=9012596
You may have to copy and paste the link to read the article.
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Mr Placid
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They can be charged, sure. But attempted murder on the passengers is going to be a tough sell. Citicop explained the felony murder rule, but most courts have ruled that there is no such crime as "attempted" felony murder. Attempted murder as an accomplice is also going to be difficult, because that would require the prosecution to prove that the passengers had the intent to actually kill the officer, AND that they assisted and encouraged the driver to do so.
We'll see what eventually happens. |
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Citicop
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Yes.
The three (together) attempted to buy drugs, a Felony. Then they resisted the arrest by trying to leave (another felony).
If someone gets hurt or killed in the commission of a felony, everyone who participated is guilty.
For instance-
If 2 people rob a bank, and one of them shoots the teller, they both get murder. |
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don j
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yes they can be charged as accessories I know someone who unknowingly sat out in her ex-boyfriends car as he went inside and robbed someone she got 18 months in jail |
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Lov4nzyx2
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Absolutely they can. It's just like if the driver was a getaway driver for a robbery. He was not in the bank when the bank was robbed and the teller shot and killed, but he's just as guilty. |
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Matt
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No that would be like arresting a guy who witnessed a murder |
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