Q: Why is inciting someone to commit murder a class Y felony and murder a class A felony
In 2011 a sister called her brother because she was angry with her boyfriend and provided false information which angered the brother to the extent he took a handgun, drove to the sister & boyfriend's residence, lay in wait for the boyfriend and shot him in the chest. The brother was charged and sentenced for murder. The sister, responsible for inciting the murder, was never charged. Why?
A:
There are a few reasons why the sister in this case may not have been charged, even though inciting murder is generally a more serious felony than murder itself in Arkansas:
1. Evidentiary issues - While the sister allegedly provided false information that incited the shooting, proving that she specifically intended or attempted to get her brother to commit murder (as required for the incitement charge) may have been challenging. If evidence of her direct intent was lacking, prosecutors likely could not pursue that more serious charge.
2. Immunity issues - Arkansas law prohibits charging accessories or accomplices to a crime as principal actors. So if the sister was considered an "accessory before the fact" rather than the main inciter, she would be immune from prosecution while her brother was convicted as the principal.
3. Plea bargaining strategy - Prosecutors sometimes decline charging accessories or lesser participants in crimes so that they can secure testimony and cooperation in the prosecution of the principal perpetrators. So foregoing charges against the sister may have aided in convicting her brother.
4. Sentencing impacts - Because the brother was already facing a severe sentence for murder, adding charges against the sister may not have meaningfully impacted the overall sentencing outcome in the case. So prosecutors focused resources only on the stronger murder charges.
Ultimately, more facts on evidence and prosecutorial discretion decisions would be needed to fully understand why one sibling was charged for murder and the other wasn't in this tragic case. But the reasons above highlight some possibilities.
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