Murder During a Robbery

[SWGJET]

My question involves criminal law for the state of: New York
Just a hypothetical question for my law class. Here is the cas. Two people decide to rob a store. Well call them James and Frank. James looks out while Frank goes in and holds four people hostage. Frank ends up killing all four of the hostages while one happens to be a cop.(The officer doesnt state hes a cop) . Heres where it gets tricky. While running, one of the defendants knocks over a crossing guard and she dies from her injuries. But later investigators find out that the crossing guard suffered from heriditary thinning of the skull. What Crimes did they commit? What should their sentences be and Should the sentences run concurrent or consecutively?
Thank You in advance for your answers

[Taxing Matters]

What crimes they committed, and the extent to which the acts of one participant in this criminal episode may be attributed to the others all depends on the applicable state law, and you didn’t mention the state. I suggest you start with the relevant state statutes and see what they say. From there, look at cases from that state that deal with similar facts and see what the courts say. In short, do the legal research needed to answer the question. I don’t think anyone here is going to simply hand you the answer even if we did know the state.

[SWGJET]

The main thing I'm trying to find out is if the "Thinning of the skull matters"

[jk]

she didn't die from thinning of the skull. She died due to the actions of the criminals. She may have been fragile, and the law allows for certain issues to be decided differently if a fragile person is injured or killed but that generally does not exempt a person from the matter involved but only the severity of the liability. In this situation I do not see it affording any sort of defense as this sort of thing is precisely what the felony murder statute was intended to address.



It was not put there to make things easier for the criminals. It is simply a way to put as many serious charges on them as possible.

here is the statute as well:

http://codes.lp.findlaw.com/nycode/P...E/H/125/125.25

What Crimes did they commit?

at least one of them committed murder in the 2dn degree. (the crossing guard). What should their sentences be and Should the sentences run concurrent or consecutively?

If there was forethought, 1st degree murder is probable for the people in the store.

whether the sentences run consecutively or concurrently is something for the judge to determine.

[Disagreeable]

Awe come on!!! It was Frank and Jessy. They never were caught afterward and were in hiding at The Hole in The Wall.

[Lehk]

you should reread your assigned readings if you are unclear on your homework.