West Side Story legal question

[Vanyel]

In West Side Story the Sharks and Jets agree to a rumble. Despite no one intending it to happen, Riff and Bernardo are killed. Riff by Bernardo, and Bernardo by Tony.

So in a gang fight fight when one or more is killed, are all the gang members involved in the fight guilty of murder? Or is only the one who did the killing and lived, Tony in WSS, guilty of murder and the others guilty of a lesser crime like accessory to murder, are they (the gang members) accomplices? or guilty of some other lesser crime?

Question just popped into my head while watching West Side Story just now.

 

[PKTrekGirl]

^ Well first of all, the laws vary slightly by state, even today. And second of all, you are talking about the laws that were on the books almost 50 years ago in any event.

And I'm not sure you are gonna be able to find anyone on this board who was a practicing criminal attorney in NYC 50 years ago.

 

[propita]

Well, it would have to be shown that parties were working in concert (I only know this because we had a barbri question about a bar fight that was similar).

Of course, there's always conspiracy--likely not that easy to prove by the elements.

How about "depraved heart murder," where wanton and reckless conduct provides the malice for Murder 1? I think getting into a knife fight would be arguably "wanton and reckelss."

And there's criminally negligent homicide.

 

[Samurai8472]

And I'm not sure you are gonna be able to find anyone on this board who was a practicing criminal attorney in NYC 50 years ago.

Law and Order: West Side

Everyone breaks out into a choreographed song and dance.

 

[TGTheodore]

All gang members would be guilty of being accessories after-the-fact (not to mention the attempted rape of Anita later in Doc's place). I'm guessing Bernardo would have been guilty of first or second degree murder (had he not been killed by Tony), and Tony of second or third degree murder (although since he tried to stop the rumble initially, it might knock five or ten years off his sentence, or at least give him a shot at eventual probation).

--Ted (who played Action DECADES ago, and Lt. Shrank ONE decade ago ...)

 

[Vanyel]

All gang members would be guilty of being accessories after-the-fact (not to mention the attempted rape of Anita later in Doc's place). I'm guessing Bernardo would have been guilty of first or second degree murder (had he not been killed by Tony), and Tony of second or third degree murder (although since he tried to stop the rumble initially, it might knock five or ten years off his sentence, or at least give him a shot at eventual probation).

--Ted (who played Action DECADES ago, and Lt. Shrank ONE decade ago ...)

Cool.

Action has one of the best lines in the movie version.

Doc: You make this world lousy!
Action: We didn't make it.

 

[Star Wolf]

In West Side Story the Sharks and Jets agree to a rumble. Despite no one intending it to happen, Riff and Bernardo are killed. Riff by Bernardo, and Bernardo by Tony.

So in a gang fight fight when one or more is killed, are all the gang members involved in the fight guilty of murder? Or is only the one who did the killing and lived, Tony in WSS, guilty of murder and the others guilty of a lesser crime like accessory to murder, are they (the gang members) accomplices? or guilty of some other lesser crime?

Question just popped into my head while watching West Side Story just now.

Well the gangs did agree to a fist fight by the champion of each group. Today that would be a Not Guilty to any attempted prosecution for the others. even in the movie and perhaps the play after the fight they didn't seem to be any long term murder case hanging over their heads. Tony had ample evidence that he was trying to get out of the gangs and stop a fight but was attacked since he was Bernardo's intended target. In his case its flip a coin. Second degree, no more death penalty in New York, manslaughter or acquittal. Today if the facts get presented to the DA they might not even prosecute.

 

[OmahaStar]

^ Well first of all, the laws vary slightly by state, even today. And second of all, you are talking about the laws that were on the books almost 50 years ago in any event.

And I'm not sure you are gonna be able to find anyone on this board who was a practicing criminal attorney in NYC 50 years ago.

There's always T'Bonz. She's been around a LONG time.

 

[nx1701g]

And I'm not sure you are gonna be able to find anyone on this board who was a practicing criminal attorney in NYC 50 years ago.

Law and Order: West Side

Everyone breaks out into a choreographed song and dance.

*calls Dick Wolf*