Legal Question in Criminal Law in District of Columbia
Can't prove who pulled the trigger.
In US law, if there is no evidence of who actually killed someone but there is evidence that one of the two did, than can both be tried for murder? Like this example: A security guard is shot to death and no one knows who pulled the trigger because the perpertrators were in disguises. Can both of these people be lawfully tried and convicted of murder? If so, is there any supreme court presidence that has dealt with this issue?
Any reply is much appreciated.
1 Answer from Attorneys
Re: Can't prove who pulled the trigger.
As long as the prosecutor can prove in your example that each of the two were involved in the felonious activity which resulted in the death of the security guard, then each of these perpetrators(masked or not)would be eligible to be charged and tried for felony murder.
It is true that some jurisdictions have a "trigger
man rule" which requires that the prosecution show
which of the perpetrators actually pulled the trigger in order to qualify for the death penalty.
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