I’ve Been Published! My Article On Felony Murder Is Online

by rabbifink on April 14, 2010 · 7 comments

(what "publishing" meant before the internet)

There is a very ambitious fellow in our class at Law School. His name is Paymon Khatibi. One day Paymon decided that our class should start an independent journal of law related articles. We would write student notes just like the official Law Reviews and publish them online in a digital journal. Sounds easy, right?

Well it took a lot of work and management to have all the pieces fall into place. Incredibly, Paymon was relentless and did not give up on this dream of his. Today, that dream has become a reality. And for that we are all very grateful.

The Loyola Journal has been published online and is open to all readers. The inaugural issue has 76 pages and includes an interview with famed litigator Robert Shapiro as well as articles about immigration, domestic violence and Guantanamo Bay among others.

When Paymon asked who would be interested in writing for the journal, I volunteered. I like writing and thought it would be a great experience.

As we were studying Felony Murder in Criminal Law I met an incredible woman named Professor Gilda Zwerman from New York. She was taking a little break from New York and was staying in Venice. One Shabbos she decided to drop into the Shul on the Bwach where I am the Rabbi. We met a few times subsequently and she joined my family and some other guests for a Shabbos lunch.

Professor Zwerman told me about a famous Felony Murder conviction in my hometown of Monsey NY! A young Jewish woman (at the time, in 1980) was involved in a well-known Brinks truck robbery. We talked extensively about the case as Ms. Zwerman has become a strong advocate for the release of the now middle aged Jewish woman who has turned her life around while incarcerated.

I strongly urge you all to read her story at JudithClark.org.

Hearing Judith Clark’s story and reading up on Felony Murder while we were studying it in class really gave me a lot to think about. I decided to try and understand the doctrine and realized that in my opinion the whole thing is a huge mistake.

So I decided to write an article explaining how it came to be that we have such an unfair rule in our legal system. It is pretty interesting and is written in a way that a non-lawyer / law student should be able to understand it.

I hope you will take a few minutes to read it and feel free to sound off in the comments.

Loyola Journal link: http://loyolajournal.com/

Link to my article on Felony Murder: Felony Murder: A Dinosaur Living in the Criminal Justice System

Related posts:

  1. The Difference Between Murder and Terrorism
  2. Murder In Jewish Law and United States Law
  3. The Silver Bullet: Jury Nullification
  • http://twitter.com/MarkSoFla Mark

    I read the entire article. It’s good and I’m pretty much convinced by it. And convincing me is not an easy feat :-)

    But I have a few questions:

    1) You cited clear, and even extreme, examples of injustice. But are there also examples of good justice, and/or counterexamples of bad justice in places where felony murder doesn’t exist?
    2) What crime should such people be charged with instead? Accomplice to murder (is there such a thing?) perhaps? Something else?
    3) Do you think that in certain egregious cases, the DA should retain the option to charge such a person with some sort of murder count?

    • http://finkorswim.com rabbifink

      Haha.

      I was waiting for something like that outta you…

  • http://finkorswim.com rabbifink

    Thanks. Now go write to your legislature. Florida is one of the most egregious FM states…

    1) I cited a study (very extensive and academic) that shows that crime levels are completely unaffected by felony murder doctrines. So it would stand to reason that NOT having FM in the DA’s arsenal of tools cannot have a “good justice” result in jurisdictions of non-FM. I think that answers part of your question. As to the other part – of course there is bad justice in non-FM jurisdictions as well. But not because of their non-FM rules – I dont think.

    2) First, they have committed a felony. So punish them for the felony they committed, just not murder. Second, they can be aiders and abettors (accomplices) or members of a conspiracy.

    3) There are other ways of slapping an indirect participant with murder. I am not in favor of any of them. But I am LEAST in favor of FM for the reasons mentioned in the article.

    • The Law

      >Florida is one of the most egregious FM states…

      thats what makes me want to stay living here forever…..

      • http://finkorswim.com rabbifink

        Haha.

        I was waiting for something like that outta you…

      • http://twitter.com/MarkSoFla Mark

        The Law – thats what makes me want to stay living here forever…..

        But why? How does it improve your life in any way?

  • Pingback: My Visit With Judith Clark at Bedford Hills Prison | Pacific Jewish Center | Rabbi

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