Reply to Girls, 13 and 15, Charged With Murder After Armed Carjacking Near Nationals Park

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Reply to "Girls, 13 and 15, Charged With Murder After Armed Carjacking Near Nationals Park"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is pretty clearly second degree murder; it’s not a felony murder scenario, and it’s not vehicular manslaughter.  It’s depraved indifference to great risk to human life.  It also doesn’t matter what they are charged with, my understanding of DC law is that no material prison sentences are possible given their ages.  They will be out by their mid-20s, if that, because they can be “rehabilitated.”  I certainly hope that is not the case,  but fear it is.  [/quote]

why is it not felony murder? I think DC defines 1st degree murder to include any death in the comission of a kidnaping or theft. [/quote]
The PP clearly does not practice criminal law in DC. This is textbook felony murder in the District. They were committing an armed carjacking (a felony) and this man was killed during the course of that offense. It does not matter that they didn’t intend for him to die, they intended to commit an armed carjacking and if someone dies during the course of that armed carjacking you are on the hook for felony murder. It’s not even a close call. Becuase this is DC they cannot be charged as adults and so the most they can get is a commitment to DCs juvenile justice agency until they are 21. They doesn’t mean they will be locked up until 21, only that the agency makes the decisions about what to do with them until they are 21. [/quote]

Sorry that was me, typing too fast.  I mean to say not *just* a felony murder scenario, which I think of as more of a getaway driver type fact pattern.  It clearly is that, as you point out, but the girls seem to me both directly involved in conduct that would also constitute second degree murder just because of its reckless disregard for life.  I was making the point because felony murder has become controversial in some circles but none of that is relevant here.  Both girls were directly engaged in conduct that would qualify as second degree murder whether or not it was also felony murder.  That said, I don’t practice criminal defense law in DC courts and an open to correction on that point. 
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