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Sheriff Gonna Getcha · 11-30-2007, 09:23 PM

The following explains what sentences Sean Taylor’s assailants may face if convicted of murder. It does not discuss the admissibility of any evidence (e.g., the confession), possible defenses, or other charges that may be filed against the assailants (e.g., weapons charges). It's a pretty quick and dirty analysis (I spent just 15 minutes putting it together), but for what it is worth.

Sean Taylor’s Killer

Pursuant to Florida Statutes § 782.04(1)(a)(2), “[t]he unlawful killing of a human being when committed by a person engaged in the perpetration of, or in the attempt to perpetrate any … burglary … is murder in the first degree and constitutes a capital felony, punishable as provided in § 775.082.” According to § 810.02, “burglary,” includes “[e]ntering a dwelling … with an intent to commit an offense therein.” The planned offense need not actually occur; the mere intent to commit an offense is sufficient to sustain a conviction of burglary. Theft is, of course, an offense and, pursuant to § 812.014, “[a] person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to … deprive the other person of a right to the property.”

Assuming that the shooter entered Sean Taylor’s home with the intent to commit theft, he committed burglary. Moreover, because the shooter unlawfully killed Sean Taylor during the course of the burglary, he committed murder in the first degree.

According to § 775.082, a criminal defendant convicted of a murder pursuant to § 782.04(1)(a)(2) shall either be put to death or receive a life sentence without the possibility of parole. In short, if Sean’s Taylor’s killer is convicted under § 782.04(1)(a)(2), he is either a dead man walking or will spend the rest of his life in prison.

The Accomplices

Pursuant to § 782.04(3), “[w]hen a person is killed in the perpetration of, or in the attempt to perpetrate any … burglary … by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree." This “felony murder” rule essentially provides that if a defendant commits burglary and, during the course burglary, another person is killed, such defendant is guilty of second degree murder. The felony murder rule may seem to work harsh results (i.e., convicting a defendant of murder when he only intended to commit a burglary), but supporters argue that it is reasonably foreseeable that a murder may occur during the course of a burglary and, therefore, any such murders should be imputed to all parties to the burglary.

Here, as you may have already guessed, all of the shooter’s accomplices who took part in the burglary may be charged with and convicted of felony murder under § 782.04(3).

Furthermore, pursuant to § 782.04(3), felony murder is “punishable by imprisonment for a term of years not exceeding life [in prison].” Although defendants convicted of felony murder may be paroled and receive less than a life sentence, the accomplices, if convicted, will likely be eligible for Social Security by the time they see freedom.

11-30-2007, 09:23 PM	#32 (permalink)
Sheriff Gonna Getcha Malcolm Kelly Apologist Join Date: Feb 2004 Posts: 8,026	Re: Police Detain 4, Look for 1 More (Shooter Confesses, Video of Assailants, Motive) The following explains what sentences Sean Taylor’s assailants may face if convicted of murder. It does not discuss the admissibility of any evidence (e.g., the confession), possible defenses, or other charges that may be filed against the assailants (e.g., weapons charges). It's a pretty quick and dirty analysis (I spent just 15 minutes putting it together), but for what it is worth. Sean Taylor’s Killer Pursuant to Florida Statutes § 782.04(1)(a)(2), “[t]he unlawful killing of a human being when committed by a person engaged in the perpetration of, or in the attempt to perpetrate any … burglary … is murder in the first degree and constitutes a capital felony, punishable as provided in § 775.082.” According to § 810.02, “burglary,” includes “[e]ntering a dwelling … with an intent to commit an offense therein.” The planned offense need not actually occur; the mere intent to commit an offense is sufficient to sustain a conviction of burglary. Theft is, of course, an offense and, pursuant to § 812.014, “[a] person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to … deprive the other person of a right to the property.” Assuming that the shooter entered Sean Taylor’s home with the intent to commit theft, he committed burglary. Moreover, because the shooter unlawfully killed Sean Taylor during the course of the burglary, he committed murder in the first degree. According to § 775.082, a criminal defendant convicted of a murder pursuant to § 782.04(1)(a)(2) shall either be put to death or receive a life sentence without the possibility of parole. In short, if Sean’s Taylor’s killer is convicted under § 782.04(1)(a)(2), he is either a dead man walking or will spend the rest of his life in prison. The Accomplices Pursuant to § 782.04(3), “[w]hen a person is killed in the perpetration of, or in the attempt to perpetrate any … burglary … by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree." This “felony murder” rule essentially provides that if a defendant commits burglary and, during the course burglary, another person is killed, such defendant is guilty of second degree murder. The felony murder rule may seem to work harsh results (i.e., convicting a defendant of murder when he only intended to commit a burglary), but supporters argue that it is reasonably foreseeable that a murder may occur during the course of a burglary and, therefore, any such murders should be imputed to all parties to the burglary. Here, as you may have already guessed, all of the shooter’s accomplices who took part in the burglary may be charged with and convicted of felony murder under § 782.04(3). Furthermore, pursuant to § 782.04(3), felony murder is “punishable by imprisonment for a term of years not exceeding life [in prison].” Although defendants convicted of felony murder may be paroled and receive less than a life sentence, the accomplices, if convicted, will likely be eligible for Social Security by the time they see freedom.