Innocent Kids Convicted of Murder while Guilty Corporate Execs Get Profits
I've been slapped in the face with a crazy example of how this country uses its criminal system as social control.
In 1997 I was locked up for 1st degree murder for a robbery that happened when I was a kid just 17 years old. I didn't get to try the 1st Degree Murder Charge in court, only the robbery. This is due to the "Felony Murder Rule" (Cal P.C. 190.5) which says basically: all deaths that occur during the preparation, the act itself, or in fleeing of any serious felony are 1st Degree Murder. I didn't kill anyone or want anyone to die, but, because I wouldn't testify against anyone I became an adult murderer, even though I was neither.
The felony Murder Rule theory says since all adults should anticipate all potential outcomes of every act, they're responsible for anything that happens should they not alter their behavior based on the potential worst case scenario. So one becomes morally culpable for the acts of everyone involved. Disregarding the supposed pillars of our "justice" system: act and intent.
In 2012, Miller v. Alabama (S.67 U.S_,_,_) applied the primary theory in Graham v. Florida ((2010) 560 U.S. 48) to murder cases, which says "juveniles who don't kill or intend to kill have a twice diminished moral culpability when compared to adult murderers." This obviously eliminates the only "evidence" used to convict me of 1st Degree Murder. I was automatically an "adult" because of the serious felony charge. I was automatically a "murderer" because I caught the robbery. But the principal that invalidates my conviction can't be automatically applied. Nope. The Antiterrorism and Effective Death Penalty Act (AEDPA) laws that restrict collateral reviews through my only recourse - Habeas Corpus petitions - are so complicated judges write books on their unconstitutionality. I had a 1% chance of being heard by the court.
Even the blood thirsty citizenry of this country balked at the insane application of this felony-murder rule on Dr. Phil when discussing the Elkhart 4 in Indiana, where 5 kids burglarized a house thinking no one was home. The owner shot and killed one and injured another. The 4 living kids got 50 years to life! Guilty of burglary, automatically adult murderers.
In California they tried to mitigate the effects by enacting P.C. 3051 which makes it easier for juveniles to parole after 25 years. So, I was found guilty of murder I didn't do, couldn't try in court, that your own law says I'm no longer guilty of but, I'll only have to do 25 years? Wow.
Could you imagine if the CEO of GM was charged with murder for approving the continued use of the faulty ignitions that led to the 13 deaths from their use? If the general who ran the VA was charged with murder for the 40 deaths they found so far that resulted from the faulty list waiting times? If wardens were charged with murder for every death by prisoner suicides? All these people committed crimes that led to peoples' deaths.
But these businesses are protected from culpability using U.S. v U.S. Gypsum Co. citing Morissette v. U.S. where the Supreme Court expressly articulated the importance of "mens rea" (act/intent) to "our" system of criminal law.
That's their system of criminal law. Poor minorities get Rockefeller, 3 strikes, felony-murder and AEDPA laws. A ton of other laws I'm sure.
I was a kid, unarmed, who wanted money. I got life in prison for a murder I didn't do, without a trial. There are thousands of us in U.S. prisons.
They get 'em young. But we're gonna put up our anti-felony-murder rule use on juveniles legal argument in light of Miller v. Alabama on the internet for those who choose to push that pen. One of us will get them.
MIM(Prisons) adds: This is a very good example of the Amerikan Criminal Injustice System. And the parallels this comrade draws to the CEO of GM and other corporate executives are right on target. When people criticize socialist China under Mao for "persecuting" landlords, imperialist spies, and capitalists they purposely ignore the murders, rape and brutality that these people enabled, in many cases directly perpetrating. A landlord who demands from a peasant payment of his entire crop in a drought year means inevitable starvation for that peasant's family. This leads to deaths easily foreseen by the landlord. And so under socialism landlords are convicted of these crimes. The same people who decry these socialist actions as "unjust" stand by while people like this writer are locked up for deaths they did not cause and could not have anticipated. This is the double standard of the capitalists.