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....
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