Now let's see if the felony-murder rule applies as it should in the Arbery case.

[Solomon]

Last edited Tue Nov 23, 2021, 09:35 AM - Edit history (1)

I keep hearing commentators speculate that Travis should go down, but the case against other two defendants is "troublesome."

I want to know why that is. How can that possibly be? People are quick to bring up the felony murder rule in other cases but not a peep about it on this one. Why is that?

[elleng]

1. I don't know, haven't followed, but

every state has different laws, on this subject and others.

[Deuxcents]

2. I don't know..what worries me is

The defense trying to throw a wrench into this case by their insistence to get a mistrial. They have been just out n out unprofessional with the racist comments and it will only take one juror to unravel a clear cut case against all three of them. All this is jmo

[Progressive Jones]

12. The defense is clutching at straws. Isn't requesting mistrials in capital cases

pretty much a routine thing with defense attorneys?

[former9thward]

3. Felony murder requires an underlying felony.

There is none in that case. When someone commits a certain type of felony (normally robbery, rape, burglary or arson) and someone dies then all those who were part of the felony can be charged with murder. This does not apply in the GA case because none of the three defendants were committing the required felony.

[Jim__]

4. Felony murder is one of the charges.

From CBS News

The charges

Count 1: Malice murder

Count 2: Felony murder

Count 3: Felony murder

Count 4: Felony murder

Count 5: Felony murder

Count 6: Aggravated assault

Count 7: Aggravated assault

Count 8: False imprisonment

Count 9: Criminal attempt to commit a felony

The three men are also facing federal hate crimes charges. In April, the Justice Department returned an indictment alleging that Gregory McMichael, Travis McMichael and William "Roddie" Bryan used force and threats of force to intimidate and interfere with Arbery's right to use a public street because of his race. It also alleges all three defendants attempted to unlawfully seize and confine Arbery and detain him against his will.

After the murder trial in state court comes to an end, the legal saga will continue in federal court. The trial in the federal case is scheduled to begin on February 7, 2022.

[Solomon]

6. Thank you. Didn't see this until I responded below. Now as I said, or meant with my op, let's se

if the jury applies it.

[former9thward]

7. I was replying to the OP

He/she said felony murder was not one of the charges and was questioning why. I personally have not followed the trial. So if they are charging felony murder then the OP is wrong.

[Solomon]

9. You misunderstood. I never said they weren't charged with felony murder. My point is that

commentators are saying convicting the other two of it is troublesome. I'm talking about whether the jury will convict them of it since the evidence is so strong. Never said it was not one of the charges. Perhaps I should have made myself more clear. Didn't imagine someone would read it the way you did.

[UnderThisLaw]

14. Yes, you did

reply to the OP, incorrectly it turns out. Always good to hear from someone with legal experience, though

[Solomon]

5. So murder is not a felony? Assault with a deadly weapon is not a felony? Wtf!?

Absurd. When two teens were charged with felony murder for firing shots and police came to the scene negligently shooting up a car killing an 8 year old, people here were quick to justify the charges even though police had no right to shoot innocent people in a car that had nothing to do with the incident. And here three men hunted Aubrey like an animal physically assaulting him and killing him but the felony murder rule doesn't apply? Right. Wonder if it would apply if three black men chased and killed a white guy? The only reason why felony murder would not apply in this case is if Georgia has no felony murder rule.

[brush]

11. Apparently you didn't watch the prosecution's closing argument. The state attorney...

fully laid out that felony murder does apply as the three defendants were guilty of four felonies as they tried to stop Arbery and detain him.

It was a very strong presentation. Once she explained the felonies they committed before killing Arbery, then she explained that they were also guilty of felony murder because of the felonies commited before the killing.

[Solomon]

15. And apparently you didn't read the post clearly.

I was referring to tv commentators expressing doubt that the jury would apply it. Not whether it was charged or argued by the prosecutors.

After seeing some misunderstand what i meant, I should have made it more clear.

[brush]

18. I didn't repond to a post of yours. I was responding to former9thward's #3 who said...

felony murder does not apply to the Arbery case defendants when clearly it does as explained by the state attorney in her closing argument.

[onenote]

8. all three were charged with four counts of felony murder.

Each count is lined to another felony charge against each defendant: Aggravated Assault (with firearm); aggravated assault (with pickup truck); false imprisonment, and criminal attempt to commit a felony. Merely convicting Travis of a felony would not subject the others to a felony murder conviction unless they also were found guilty of having committed one of the other felonies. OF course they should be, but that's how it could be that Travis could be convicted of a felony (including murder) and the other two escape a felony murder conviction.

[Solomon]

10. Correct. What I meant in my post is whether the jury will convict them of it - not that they weren'

charged with it. I have absolutely no doubt that they would if the perpetrators were black. I would like to see full justice applied.

[rampartc]

13. in georgia violations of the laws regarding the hunting of humans (seasons, limits and such)

are considered misdemeanors.

[Hav]

16. For those interested in the case, the prosecution currently has their final closing

The prosecutor already buried Travis McMichael and is now explaining the case against the other defendants which also includes felony murder.

[Solomon]

17. She did an excellent job explaining it.

Now i want to see if a jury of 11 whites will apply it in this case. I don't see how they wouldn't.