An Unintended Consequences Case With Racial Overtones
I'm aware of felony murder laws, in which one participant in, say a bank robbery, is held liable for murder if another participant kills someone during the course of the crime or the getaway, but this California case is going a step further.
LAKEPORT, Calif. - Three young black men break into a white man's home in rural Northern California. The homeowner shoots two of them to death - but it's the surviving black man who is charged with murder.
In a case that has brought cries of racism from civil rights groups, Renato Hughes Jr., 22, was charged by prosecutors in this overwhelmingly white county under a rarely invoked legal doctrine that could make him responsible for the bloodshed.
The murder charge is based on California's Provocative Act doctrine --
The Provocative Act doctrine does not require prosecutors to prove the accused intended to kill. Instead, "they have to show that it was reasonably foreseeable that the criminal enterprise could trigger a fatal response from the homeowner," said Brian Getz, a San Francisco defense attorney unconnected to the case.
The doctrine is used so rarely the NAACP is alleging the charges are racially motivated. It's also are asking why the homeowner wasn't charged with murder.
More....
I don't like the idea of making defendants liable for the acts of victims.
I also think this is a case of over-charging. The homeowner's step-son was beaten with a baseball bat and is so brain-damaged he can't feed himself and lives in a rehab facility. That's the crime the defendant should be held accountable for (assuming it wasn't self-defense) and I would bet that California's attempted murder, aggravated robbery and assault penalties, to name a few, have penalty enhancements that could keep this defendant in prison for decades if convicted of committing or aiding and abetting that attack.
The homeowner, responding to charges of racism in the prosecuting decision, says:
"Race has nothing to do with it other than this was a gang of black people who thought they were going to beat up this white family."
I sense racial animus but there are details I'd like to know more about: Were the three robbers armed? Who beat the stepson? Was the stepson brandishing a weapon (like a rifle or a gun) at the time he was beaten? Where were the two fleeing robbers when they were shot? Inside or outside the house?
When a law is on the books forever but rarely used, and then used to charge a black youth in an almost all-white county, questions need to be asked and answers provided.
The judge has granted a change of venue.
Stay tuned, and thanks to Steve Audio for e-mailing this to me.
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