Arbery death convictions: What is malice murder vs. felony murder?

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One of the three men charged in the death of Ahmaud Arbery was convicted by a jury Wednesday of malice murder. The difference between malice and felony murder depends on the actions of the men, according to a defence attorney.

TORONTO -- All three men charged in the death of Ahmaud Arbery were convicted by a jury Wednesday. Between them, the convictions include one count of malice murder and further counts of felony murder.

"[Malice murder] simply means you intended to kill somebody, and you actually did kill them. It doesn't require any premeditation whatsoever," Bruce Barket, a criminal defence attorney, explained to CTV News Channel on Wednesday. "Felony murder is a rule across virtually every state in the United States where if you participate in a felony and somebody is killed as a result of that you can be just as responsible for murder as if you pulled the trigger yourself.

Travis McMichael, the man who fatally shot Arbery, was convicted of both malice murder and felony murder. His father, Greg McMichael, who chased Arbery along with his son, and neighbour William “Roddie” Bryan, who joined in the pursuit, were convicted of felony murder charges. "There has to be an underlying felony to be convicted of felony murder," Barket said. "It can't just be that you were [for example] shoplifting and somebody got killed, they wouldn't be convicted of felony murder."

 

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