Death penalty off the table for suspects in killing of Redskins' Taylor

Hopefully a speedy trial.

almost 4 years ago CptChaosSidekick 3 comments 0 recs |

Comments

Re:

I’m not strongly committed either for or against the death penalty, and I’d rather that discussion not happen here, but I do want to comment on one issue:

Hunte’s lawyer Michael Hornung said he learned of the decision by prosecutors late Friday.
“They would have had to show it was premeditated,” Hornung said. “I believe that it’s appropriate that they waive the death penalty.”

Why is that? Felony-murder typically requires only the intent to commit a felony, not the intent to commit a murder. I’m almost certain, having read the Florida felony murder statute, that this is the case in that particular jurisdiction.

Anyways, what any of us think about justice, what matters is how the victim’s family takes it, and from the story Sharpstein said it was decided but didn’t give any indication that the family was tore up over the result. I think justice gets done and I think the people of Florida can do right by the Taylor family without death sentences, but, again, that’s a discussion for another day, at another time.

I’d repeat CptChaosSidekick; I think this means a faster trial, and perhaps that is best for all involved.

Go register. Or else.

by Skin Patrol on May 12, 2008 3:10 PM EDT reply actions

I concur

by CptChaosSidekick on May 12, 2008 3:15 PM EDT up reply actions

I just reread the statute

and now I am of the opinion that perhaps Florida’s felony murder statute does require premeditation on the murder to get capital murder. If I were better at reading statutes, I’d be a better law student.

The statute (Florida Statute 782.04) requires 1. Premeditation with 2. felony listings where murder happens, separated by a semi-colon. I don’t know whether the semi-colon represents and or or but that distinction would be extremely relevant, particularly to these defendants, as it would distinguish crimes constituting capial felonies from those involving only maximum life sentences.

In other words, and/or is a life or death matter.

Go register. Or else.

by Skin Patrol on May 12, 2008 3:55 PM EDT up reply actions