6) Locate an online article about a criminal case where the FMR was fairly used in your opinion. (DO NOT use any of the cases mentioned in the textbook or in the posted Study Unit materials.) Cut and paste the article link into your post and explain the facts behind the case and explain fully why the application of the FMR was fair. Do not repeat the same case posted by another prior student!
* http://ohio-supreme-court.vlex.com/vid/state-v-baker-50594505 * http://www.dispatch.com/content/stories/local/2007/12/15/Arensberg.ART_ART_12-15-07_B4_7F8PJTC.html
“Felony murder statues hold a person involved in the commission of a felony responsible for homicide if another person dies during the offense, even though the death may have been unintentional.”1 The case I found fits under the FMR law and in my opinion it was used in fair justice. This case held in the state of Ohio in 2008, State vs. Baker, Ashley Baker was tried as an adult for aggravated murder, aggravated burglary, and aggravated robbery even though she was not the one to fire the gun. Ashley Baker and Megan L. Arensberg both armed went to Reymond L. Dickerson’s apartment to rob him. In the midst of the robbery a fight between Dickerson and Baker broke out causing Baker to lose her gun and flee. Arensberg then entered and shot Dickerson in the head, killing him. Because Baker was committing the felony of burglary and robbery she got sentenced for aggravated murder even though she was not the one to pull the trigger and kill him. The use of the FMR in this case cannot be any clearer or justifiable, since both Baker and Arensberg were armed with every intention to rob Dickerson. The rule is applied in this case because even though Baker did not fire the gun she was involved with the felony being committed, making her just as guilty as Arensberg.
1 Criminal Law Today 4TH edition by Frank Schmalleger and Daniel E. Hall, with John J. Dolatowski. Page 68.
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