In a proxy murder case, does the person who committed the murder also get charged or just the person who ordered them? (murders, criminal)

[xxblue100]

I was watching a reality show episode last night, and in it was a proxy murder case. At the end of the episode, the woman who ordered her son to commit the murder was sent to prison for life, but the future of the son was unclear. In a case like this, would the son be exonerated because someone else ordered him to commit the murder even though he did not want to? Or would he still go to prison because he did still shoot the gun?

[Spazkat9696]

If they shot the gun, unless they are mentally disabled, they go to jail if found guilty.

[ClaraC]

Yes. If they shot the gun unless they were in fear for their life (remember Patty Hearst) or under extreme duress, they would be guilty.

You don't say what age the son was - if he was under 15 or so, then I could see not charging him with murder.

[PriscillaVanilla]

Charles Manson ordered people to kill although he did not kill himself, and he went to prison for life.

[LillyLillyLilly]

If he got a good plea deal for telling on his mother, it's possible that he could get a very short sentence.

If there are extenuating circumstances, like the DA is convinced that the son only acted out of fear for his own life, that his mother threatened his safety if he didn't do it, a minimal sentence for manslaughter or something can be part of the deal for testifying against Mommy Dearest.

[catdad7x]

Originally Posted by PriscillaVanilla

Charles Manson ordered people to kill although he did not kill himself, and he went to prison for life.

And those that actually did the killing were also convicted of the murders, as they should have been.

[catdad7x]

Originally Posted by xxblue100

I was watching a reality show episode last night, and in it was a proxy murder case. At the end of the episode, the woman who ordered her son to commit the murder was sent to prison for life, but the future of the son was unclear. In a case like this, would the son be exonerated because someone else ordered him to commit the murder even though he did not want to? Or would he still go to prison because he did still shoot the gun?

No. If more than one person is involved in the crime, then they can all be charged for the same crime. At the very least, participants could be charged with conspiracy to commit murder, even though they did not do the actual killing. One person being found guilty of the crime does not mean others can't also be found guilty of the same crime.

[CAHntr]

What he said. ^

[markg91359]

Originally Posted by xxblue100

I was watching a reality show episode last night, and in it was a proxy murder case. At the end of the episode, the woman who ordered her son to commit the murder was sent to prison for life, but the future of the son was unclear. In a case like this, would the son be exonerated because someone else ordered him to commit the murder even though he did not want to? Or would he still go to prison because he did still shoot the gun?

Both have committed murder even if one was not at the scene of the crime. Both are guilty of murder.

The law recognizes the idea of a "conspiracy" to commit murder. Two of us agree to commit a crime and only one of us points the gun and pulls the trigger. We are both guilty.

Another theory of liability under criminal law is "accomplice liability". A first degree principal fires the gun that kills the victim. Others can be guilty by "aiding and abetting" the first degree principal. One can also be an accessory before the fact or an accessory after the fact. The distinctions will affect the length of your sentence, but not your guilt.