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Old 12-01-2007, 02:25 AM   #64 (permalink)
Angry
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Join Date: Jan 2005
Location: The Source (Matrix Refrence)
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Re: Police Detain 4, Look for 1 More (Shooter Confesses, Video of Assailants, Motive)

Quote:
Originally Posted by Lady Brave View Post
Go back and read SGG's post on the Florida murder statutes. This will most likely be tried as a capital case unless there's a plea deal to a lesser included offense.

Rivera is a juvenile, but I believe his case could be bound over to Superior Court and he would be tried as an adult.

One thing I don't like about Florida law is that they only apply Second Degree Murder to everyone involved except the one who actually pulled the trigger. In NC, we have an element in our laws called "acting in concert", which means if you were involved in the offense, you are treated just as if you committed the murder yourself.

It's still too early to say what exactly these individuals will be indicted with. If this get to trial on a first degree murder charge, I doubt if a jury will recommend the death penalty. Mostly because of the defendant's age.
Thanks LB, for the insight. I thought that a capital crime included a combination of murder and rape or a double murder or a double rape. I also believed that a single murder could only be considered a capital crime if it was a cop, servicemember, or government official. Apparently, a murder in conjunction with an armed robery is a capital crime as well.
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