General Question

pleiades's avatar

Should a man who was in custody be charged with the murder of the officer who was absolutely shot by others?

Asked by pleiades (6538 points ) February 28th, 2014

Ok here’s the logical order.

Police knock on door, detain person.

That person goes downstairs.

Police officer asks person if anyone else is in the apartment.

Person remains silent.

Police officers goes back inside apartment into the bedroom where he is shot multiple times and dies after opening the door by two others a male and female.

So the initial person is being tried for murder because he remained silent.

Should he be sentenced for murder?

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15 Answers

Seek's avatar

That seems contrary to Miranda. Anything you fail to say can be used against you?

Judi's avatar

Possibly, if he knew that the people were armed and allowed the officer to walk into danger. I think it’s called “reckless disregard for human life.”

filmfann's avatar

If you rob a liquor store, and the guy behind the counter has a heart attack, you can be charged with manslaughter, because the clerks death occurred during the course of your illegal activity.
Yes, it might seem unfair, but that is the way it is

Seek's avatar

Manslaughter and murder are very different charges, especially in Florida, where we have the death penalty and know how to use it.

Murder demands intent. This law is saying that by exercising his right to remain silent, this person just as well as physically pulled the triggers of those guns.

ucme's avatar

I think the word is accessory.

pleiades's avatar

@Seek_Kolinahr Such a Floridan answer!

Using your logic I recreated a hypothetical.

I’m in a hospital room visiting an ill friend. I’m on parole. Someone I don’t know comes to visit him and is also the ill persons friend. Turns out that guy is on parole, he’s also carrying a gun. That person tells me he has a gun. I walk outside, and the an officer comes to me and says hey you’re on parole mind if I check you out at my vehicle? I say sure ok. I get talked to by another officer near the vehicle. The original officer comes back to the ill friends room he walks in, and get’s shot by the person I don’t know. Will I be charged as a murderer too?

and the only thing the death sentence teaches is that it’s the only way to deal with a problem with someone is to end their life, it’s a continuous cycle and will keep society in barbarism until then

GloPro's avatar

Was there a warrant to enter the home? Being detained by opening the door may not be permission to enter and search premises. Anyone inside would be defending self and property if no such legal entering and announcement of police presence was made.
If that is the case it would be thrown out.

creative1's avatar

Was it during an act of a crime that the officer was shot? if so then yes…. A crime could be selling of drugs, stealing etc…

flutherother's avatar

If the person had been in the presence of the others when the officer was shot then yes, but as he was already in police custody then no. What if he had said there was no one else in the apartment. Would the police have believed him and walked away?

longgone's avatar

Why did the officer go back to the apartment? Did he not believe the person?

This is confusing. Do you have a source?

creative1's avatar

I wonder if he heard something in the back to cause him to go looking after the person told him no. I think they are all accountable in this case since I am thinking that the person who was being arrested was probably caught doing something illegal with all of three people and taking the rap for all three of them when it should have been all three being arrested. If a death occurs while in commission of a crime regardless if they pulled the trigger all involved in the crime should be charged with murder.

GloPro's avatar

As of two days ago the Supreme Court voted in favor of warrantless searches of your home. That, along with NSA developments, has essentially nullified the 4th amendment. Keep this in mind, the implications are huge.

ddwald1215's avatar

Should he be sentenced for murder? Yes. Will he be sentenced for murder? Good question. The fact is that he remained silent when he could have said something and possibly prevented the death of the police officer. He is a coward and an accomplice to the murder.

Hypocrisy_Central's avatar

Classic example of a kneejerk emotion law to punish someone because they did something society did not like as oppose to following the exact facts. Unless the cops had the power of clairvoyance to know that the person they just cuffed knew there were people in the apartment that were armed, straight enough shooters, and that they intended to attempt to kill any cop that came into the room, then the detain person logically can’t be charged for murder because they were already detained. However, because a cop was killed and vengeance has to be metered, society wants to spread it out to all those ”despicable criminals” involved. Because it is felt that if he would have said there are people up there armed and dangerous so that the cops can have more guns and maybe kill those in the apartment, with little or no repercussions, he is at fault for not warning the cops that went up. So, that has to be punished to teach him a lesson for not ratting his friends out. That is the real of the deal.

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