Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“So, Ray, we had talked earlier about changes in the law. I want to say that there have been certain legal traditions that are vulnerable to change now. For example, the Felony Murder Rule exists. This is the scenario where two people commit a crime, or three or four or five. The leaders of the gang commit the crime, and one of the persons is sitting out in the car as a getaway driver. And that person joins in with these crimes, saying ‘I agree, I’ll join you but we have to agree there will be no violence and no one gets shot.’ And something happens inside the house and someone gets shot, and they die. The person in that vehicle, because they had felonious intent, are now considered to be as culpable as those who pulled the trigger…and subject to the Felony Murder Rule. But there’s now an understanding that there is a skewing in the logic of that….it just doesn’t make sense.
There’s clearly a difference in culpability between a person who is the getaway driver and the person who walked into the building, broke in, and then found somebody there, tied him up, and then killed him. Clearly a difference between the two. Should they have been involved in the crime? No. Are they subject to some of the criminal activity? Yes. Should they be involved in a burglary? Yes. Should they be involved in at least a theft charge, or a grand theft charge? Or embezzlement, or something like that? Yes. Because they were clearly complicit in that behavior, but they weren’t complicit in the murder side of things. There is a groundswell of support that’s building in the legal community, and I hope that law will change at some point.”
Ray Hrdlicka – Host – Attorneys.Media
“So, what your saying, in the past, it has been applied, like in your example of the getaway driver, to a murder charge.”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Yes, it’s the rule in California right now.”
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