Q: So, my boyfriend is being charged with capital murder. Can I ask a question?
His brother went to steal drugs from some drug dealer's house. He Went with him, but stayed by the car. Didn't go inside or around back at all. His brother was shot and killed my the owner of the house. Now, he is facing a capital murder charge. How is that even allowed?
A:
This is called vicarious responsibility. Not a favorite of the law. However, legislators who make our laws want to be seen as tough on crime. The notion is that a person in the position of your boyfriend is responsible for the conduct of of all actors engaged in a criminal undertaking. It sounds as if your boyfriend was engaged in a home burglary. The fact that the "victim" is a drug dealer does not negate the fact that a burglary was planned and your boyfriend was a part of that undertaking. At least he aided and abetted the deceased in the criminal venture.
A jury might not be receptive of this legal fiction so prosecutors will often offer a reduced charge to a person in the position of your boyfriend.
Boyfriend needs an experienced criminal defense attorney. If he cannot afford an attorney, the court will appoint a lawyer to represent him.
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