Trump could be tried for Felony Murder in 48 States
2022-11-20
As Donald Trump announces his run for the Oval Office, the DOJ could still indict him for the insurrection on the Capitol on 6 January 2021. If found culpable, he could face treason and felony murder in 48 states and the District of Columbia.
Trump.Pixabay by John Hain.
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Whether you agree with the law or not, “felony murder” is also a federal crime. In many states, it is known as "...felony murder with special circumstances.
The former POTUS has also stated in recent rallies that when he is re-elected, drug dealers would be quickly prosecuted and given the death penalty if convicted.
Biden and the radical Democrats do nothing to stop the lethal poisons pouring across our borders. And we had it almost stopped.—Donald Trump quoted by the Washington Post.
There are, at minimum, two problems with that: one, he hadn’t “almost stopped” drug trafficking at the border, and two, the death penalty is a state’s issue.
Drug arrests for marijuana overall were down. Why truck it across the border when you can go to one of the states where it is legal? However, the number of seized Fentanyl shipments was way up.
They’ve actually gone down recently because there are more Fentanyl labs in the USA.
Five deaths during the 6 January insurrection.
Five people died on or after the 6 January insurrection and invasion of the Capital.
Officer Brian Sicknick sustained a fatal stroke a day after rioters sprayed him with a chemical irritant. Air Force veteran Ashli Babbitt was shot by police when she tried to climb through a window and enter the House chamber.—MSNBC.
In the MSNBC opinion piece — The case for charging Trump with manslaughter, the author wonders if there is a case for manslaughter, but I wonder if it isn’t felony murder.
If the average citizen can be tried for murder while participating in a felony, why can’t the former POTUS? He could be culpable if he did plan and incite the crowds that led to those five deaths.
Under the felony murder rule, you can be charged and convicted of murder even if you didn’t intend for anyone to get hurt or killed and even if you didn’t directly kill anyone.
Many petty thieves are currently imprisoned for 25 years to life or on death row because they decided to rob the local 7-Eleven. Even the driver of the getaway car could be guilty of felony murder if someone dies during the commission of the crime or in the hospital afterward, even though the driver didn’t step foot in the store.
Normally, murder requires the prosecution to prove you acted with the intent to commit murder. Felony murder significantly departs from the concept of “mens rea.”
Mens Rea refers to criminal intent. The literal translation from Latin is “guilty mind.” The plural of mens rea is mentes reae. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.” — Cornell Law School Legal Information Institute (LII).
With felony murder:
…the prosecution must show only that the defendant participated in a felony where fatalities occurred. — Justia.
Therefore, if it can be shown that former President Trump participated in planning the 6 January insurrection, which is an act of treason, he could be tried for felony murder because five people died because of his actions.
Guilty?: Prosecutor Outlines 'Broad' Criminal Case Against Trump Beyond Jan. 6
A felony crime is typically one in which the defendant can be sentenced to more than one year in prison if convicted. Treason has always been punishable by death, though many states no longer allow executions.
I guess the former POTUS has that working for him, that and that he is filthy rich. But that didn’t help Epstein.
Is the Felony Murder Law or Doctrine just?
Many believe that felony murder is unjust because a person sitting outside, such as the getaway driver in a bank robbery where innocents are killed or even when one of the actual bank robbers gets killed by law enforcement, could be tried and convicted of felony murder.
Although they didn’t actually kill anyone or have any control over the situation where someone was killed, their “participation” in a dangerous felony could merit the murder charge.
Consider the incident and trial, People v. Ingram.
A jury found defendant, Robert Ingram, guilty of first-degree murder (720 ILCS 5/9–1 (a) (1) (West 2000)). The trial court sentenced him to 25 years for the murder and 25 years for personally discharging a firearm, for a total of 50 years in the Illinois State Penitentiary.
The defendant was convicted after a jury trial of felony murder and burglary in the third degree, charges arising from his early morning entry into the residence of Melvin Cooper.— Harvard Law.
When the defendants broke into the Cooper residence, he was waiting for them with a gun. He held them until the police came and took them into custody, but Cooper, the homeowner, suffered a massive heart attack from which he never recovered.
If you disagree with felony murder, you must put yourself in the family’s shoes.
Suppose you were Cooper’s wife, left a widower because Ingram and his cohorts decided to burglarize her home. Cooper might have lived much longer had they not caused the stress that resulted in his heart attack and early death.
In another incident, The State v. Rodriguez:
The complaint charged Rodriguez with causing Flaherty’s death while committing the felony of theft of a motor vehicle. At a pretrial conference, the state submitted an amended complaint charging Rodriguez with kidnapping and felony murder based upon the predicate felony of kidnapping.— Justia.
It’s available from Amazon Kindle Unlimited and in paperback. It is all fascinating but infuriating at times.
In the first section, he talks about the police and why they don’t always need a warrant. He also covers “hot pursuit,” why the police have no duty to protect you, free speech and flipping the police a bird, and more.
But then, in section two, he broached the subject, “You Can Be Found Guilty of Murder Without Ever Killing Anyone.”
So, that started me thinking about the January 6th insurrection and if Trump planned it, is he guilty of felony murder and treason?
DISCLAIMER: This article is for entertainment and informational purposes only. It should not be considered legal advice.
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Stephen Dalton is an Old Town native, retired US Army First Sergeant with a degree in journalism from the University of Maryland, and a Certified US English Chicago Manual of Style Editor. Also, a Top Writer in Books & Authors, Travel, Fiction, NFL, Design, Creativity, and Short Stories.
treason You want to talk about treason why don't you look at the freaking puppet in office right now We got hard facts on that American hate in traitor He's literally in cahoots with our enemies and it's been proven but the left's real quiet about that aren't they I'm so tired of President Trump being attacked just because people hate him so much They hate him because they wish they could be more like him more outspoken more confident more arrogant more everything So what you don't like that he doesn't pander to your feelings Who cares He doesn't have to make our feelings all feel okay He was here to do a job and he did a great job at doing his job look at this nest word now but lock them up lock him up heaven forbid got to find the reason to prosecute him because nobody's in charge of their own actions anymore for some reason
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