This is what's called Felony Murder. It makes anyone committing a felony culpable of a murder committed during that felony or in furtherance of it. A more direct example would be if his partner has murdered the home owner he would still be culpable for that murder.
I'm not an expert in the law but I generally agree with this principle because people shouldn't be absolved of their participation in dangerous criminal actions. It's not a remote possibility that a burglary would result in violence or a death and the actors should be held accountable for the result of their actions.
Indeed, sometimes there are situations where it might be unfair to the person being charged, but the goal is to make other actors within the felony responsible. Definitely a tough call on the part of the Judge.
Charge him with burglary but do not charge him with murder. In my opinion there should be no murder charges at all in this case for anyone involved.
This is what's called Felony Murder. It makes anyone committing a felony culpable of a murder committed during that felony or in furtherance of it. A more direct example would be if his partner has murdered the home owner he would still be culpable for that murder.
I'm not an expert in the law but I generally agree with this principle because people shouldn't be absolved of their participation in dangerous criminal actions. It's not a remote possibility that a burglary would result in violence or a death and the actors should be held accountable for the result of their actions.
What happened was tragic and he should not be excused but I don't believe he should be in jail for 55 years. That's my main feeling on the situation.
Indeed, sometimes there are situations where it might be unfair to the person being charged, but the goal is to make other actors within the felony responsible. Definitely a tough call on the part of the Judge.