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State v. Lucas6/7/1990
ion in this case was all too predictable. When defendant launched a shooting war, he knew or should have known that when the body count was taken, his companions might be found among the dead. The law may properly impose responsibility for each death defendant caused.
This is not to say that the felony murder rule is the best way for the law to do so; there is reason to debate in other forums whether there are better means to enhance
the punishment of a felon whose crime results in foreseeable but unintended death. The legislature has promised a reevaluation of our criminal code, and Judge Gerber's criticisms warrant thoughtful evaluation when that occurs. I am not a legislator, however, and, finding adequate proof of culpability in the case at hand, I join in the majority decision.
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