Comments on: Color Me Shocked

By: Edward

Edward — Sun, 07 Jun 2009 01:48:53 +0000

In practice, there is no death penalty in California. There is, instead, a lengthy appeals process that enriches lawyers and ensures that the perp has a high probability of dying of old age.

And, yes, if he is a good boy during the appeals process he could be out on the street again within a decade.

I have always felt that an arsonist should be placed on a hillside in front of a wild fire and if he can outrun it he then has earned the right to serve time in prison.

By: Quartermaster

Quartermaster — Sat, 06 Jun 2009 21:25:14 +0000

These days even first degree murder doesn’t automatically yield death upon conviction. The Fed courts ended that many years ago.

Given the nature of the crime, I would predict the sentence is overturned on appeal. He may get life without parole.

By: Eagle1

Eagle1 — Sat, 06 Jun 2009 14:07:28 +0000

As I read the California law, the only specific intent required is to commit the crime that results in results in the deaths, if the crime is a felony and on the list of felonies that fall under the first degree murder statute, Calif Penal Code Sect 189:

189. All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree.

Arson is on that list…

By: advokaat

advokaat — Sat, 06 Jun 2009 13:28:09 +0000

Mike is correct in his explanation of felony murder.

But, I suspect that the death penalty in this case will be overturned because of a lack of specific intent to kill those particular firemen.

By: Mike Myers

Mike Myers — Sat, 06 Jun 2009 04:02:00 +0000

Criminal law at the hand of liberal–and conservative –legislators is constantly changing.

But the basic principle here is the old felony murder rule. If someone commits a felony–in this case arson–and someone dies as a result of that felony, then the person committing the felony is guilty of murder.

The classic law school example involves two guys who join together to commit an armed robbery–say holding up a convenience store. The conveninence clerk sees the two gunmen, pulls out his “Smith & Wesson insurance policy” from under the counter and neatly pots one robber between the eyes, killing him. The surviving robber can be charged with murder–a death occurs as a result of a felony in which he participated etc.

Now it’s much more lik ely that a Texas convenience store clerk will be so insured, and that a Texas jury will apply the felony murder rule–but that’s one of the hazards of committing a felony–you may wind up on the hook for murder.