Explanation? (Sigh)
Here we go:
Felony murder is a strange criminal law rule. In lay terms, it says, if you kill someone accidentally while committing a felony, we are going to treat you like you MEANT to kill the person.
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So if someone gets killed, we don't want to hear you say, "But I didn't mean to... who could have seen it coming?"
We did! That's why it's a felony.
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Accidentally run over someone on your way to mail your fraudulent tax returns? No felony murder.
Fake taxes are not dangerous (in this way) and didn't cause it.
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Whatever else, the robber can look us in the eye and say, "If I wanted to kill him, I would have. I am not a murderer."
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The vet was tried as an accomplice and served decades for murder. Felony murder!
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Well we did. And we have to look the father of the victim in the eye and say when you roll the dice with life, it is as good as murder.
Felony Murder!
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Let's say you WANTED to kill someone. You cruelly or tragically (depending on counsel's story) break into your ex's home to kill them.
Well that's just murder, RIGHT?
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Prosecutor thinking...
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"But wait! Then I can't present my LEGAL DEFENSE of my off mental state! (It is not a defense to firing a gun!) You're cheating me of my legal defenses!"
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This is called THE MERGER DOCTRINE.
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THIS BRINGS US TO GARRETT ROLFE'S FELONY MURDER CHARGE FOR KILLING RAYSHARD BROOKS.
Our outrage is precisely because he shot Mr. Brooks twice in the back. He meant to kill.
Good students: "No felony murder right?"
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In 1992, Georgia adopted a strange twist called "The Modified Merger Rule."
Because, you know... This was all too simple as it was...
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That is why the felony murder charge of Derek Chauvin would be a close call traditionally. If he didn't intend to kill, then weirdly, you might get a felony murder charge.
But traditionally, Garrett Rolfe COULD NOT have been charged with felony murder.
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Prosecutors say Rolfe delared, "I got him," after shooting Brooks and kicked the dying man.
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But this is why I was so puzzled this is charged as felony murder rather than just MURDER. (Whew.)
/END