Comments on: Imprisoned for Life by Loaning a Car – Felony Murder

By: Andrew Flusche

Andrew Flusche — Sun, 17 Feb 2008 20:29:21 +0000

Charlie – The reference to “commonwealth” above is referring to the Commonwealth of Massachusetts. Some states (like Virginia) refer to their government that way.

By: Charlie

Charlie — Sun, 17 Feb 2008 18:58:01 +0000

Since when was the US in the commonwealth?

By: Modern Living Room Furniture

Modern Living Room Furniture — Fri, 07 Dec 2007 04:35:57 +0000

Thanks for the explanation, and I look forward to your crazy tort post.

By: Shark Girl

Shark Girl — Thu, 06 Dec 2007 05:23:26 +0000

There is hope for America’s justice system yet. My blood stopped boiling.

By: Andrew Flusche

Andrew Flusche — Thu, 06 Dec 2007 00:18:40 +0000

I almost forgot – I’ll have to cover crazy torts cases in a future post. There’s plenty of them to go around.

By: Andrew Flusche

Andrew Flusche — Thu, 06 Dec 2007 00:16:30 +0000

Hey guys,

I appreciate your comments. Perhaps I didn’t explain the news story clearly.

The car owner knew about the burglary, but he claims that he thought his friends were joking. His friends even talked about possibly “knocking out” the victim. If you read the whole NY Times article, you’ll see these tidbits.

And I don’t think I explained felony murder correctly – you have to be involved in the felony. Simply loaning your car to a friend isn’t enough. You have to know that they’re going to use it for a felony. You have to be chargeable with the felony itself. Then, if someone gets killed in the process, you’re on the hook for murder.

Does that make more sense?

By: Shark Girl

Shark Girl — Wed, 05 Dec 2007 14:35:11 +0000

I don’t understand why the owner of the vehicle was charged if he wasn’t even at the scene. That means I can loan my car to someone, and I could be at work minding my own business and end up in prison?

How am I responsible for what another human being does when I’m not even aware it’s being done? And wouldn’t they have to show intent that I loaned my vehicle to someone willingly so they can use it as an escape vehicle?

If this is the case, then why aren’t corporate executives charged for murder when their employees commit crimes while using company vehicles, or are they? If that’s the case, why have employees? Why even bother getting up in the morning if you can be held responsible for someone else’s acts?

If I understand this correctly, someone is in prison just because they loaned out their vehicle, but was in no way shape or form involved in the crime, other than their vehicle being used in the crime without their knowledge?

This makes my blood boil.

By: Modern Living Room Furniture

Modern Living Room Furniture — Wed, 05 Dec 2007 07:11:14 +0000

And another question: I had once heard of a tort liability arising out of case where a burglar entered a house thru the roof and got injured on some items negligently placed in the house, and then went on to sue the homeowner for negligence or something to that effect. I had also heard that the homeowner was directed to pay damages. Is this actually true? if so isnt this a case of tort liability gone mad?

By: Modern Living Room Furniture

Modern Living Room Furniture — Wed, 05 Dec 2007 07:07:50 +0000

My question is: How much time does the actual murderer do? and isnt it required for there to me some mens rea or criminal intent on part of the felon by default? In this case, does the car owner have to have knowledge of or complicity in the actual crime committed? I mean if he did not know what his friend wanted to borrow his car for, would he still be liable?