After police killed a burglary suspect in a shootout, the officer was not charged – instead a teenage boy who did not fire the gun has been found guilty of his murder. How do accomplice liability laws work?
Lakeith Smith was 15 years old when he went along with four older friends on a burglary spree. A neighbour called police when the group went into a home in Millbrook, Alabama, and the responding officers surprised the teenagers as they were coming through the front door.
The group turned and fled out the back door, and a shootout ensued. When it was all over, 16-year-old A'Donte Washington was dead with a bullet wound to his neck.
It's never been in dispute that a Millbrook police officer shot and killed Washington – officer-worn body cameras captured the fatal confrontation. A grand jury declined to charge the officer, finding that the shooting was justified.
Instead, Smith was charged and found guilty of his friend's murder. Last week, a judge sentenced him to 65 years in prison. Under Alabama's accomplice liability law, Smith is considered just as culpable in Washington's death as if he had pulled the trigger himself.
"It's sad in my opinion," says Smith's defence lawyer, Jennifer Holton. "The cause of death was the officer's action."
Alabama's law is an example of so-called felony-murder laws and they are very common throughout the US – only seven states do not have some type of law that expands the definition of murder to include an unintentional killing in the course of committing a felony. These laws also sweep up accomplices who, again, may not have directly caused harm, but were still a party in the felony that preceded the death.
While rooted in English common law, felony-murder is a rare concept outside of the US.
"Felony-murder is a lovely American fiction," says Michael Heyman, professor emeritus at the John Marshall Law School in Chicago. "It's a fiction in that it attributes a killing to you that you need not have done by your own hand."
For example, if a victim has a heart attack and dies while being robbed, the perpetrator can be charged with murder even if he had no intent to kill. If the robber's friend was sitting in a getaway car a block away, under accomplice liability, he too can be charged with murder. One of the most famous examples involved a man convicted of murder for loaning his car to friends who went on to murder an 18-year-old girl. According to prosecutors, it didn't matter that he was 30 minutes away.
These laws make cases like Smith's surprisingly common, where defendants are charged with the murder of their own accomplices, who can be their friends and even relatives. These often occur in the course of burglaries gone wrong, when the perpetrators are confronted by police or armed homeowners. Recent examples include cases in Georgia, Florida and Oklahoma.
The legal logic has expanded into the opioid crisis, where, in one case, a husband was charged with the murder of his wife for providing her with the heroin that killed her.
What makes Smith's case different, according to Scott Lemieux, a lecturer in the department of political science at the University of Washington, is that Smith went forward to trial instead of pleading guilty.
"These really long sentences are used to put pressure on people to plead," he says. "The risk of going to trial is so extreme."
- Two brothers, same murder, but one goes free. Why?
- Locked up for 23 years when the real killer was already in jail
- The teenager sentenced to 241 years in prison
Smith decided to take that risk, turning down a 25-year plea deal, and was found guilty by a jury. The other three surviving suspects have pleaded guilty and are awaiting sentencing. Randall Houston, the district attorney who prosecuted Smith, says he felt the charges and the punishment were appropriate.
"If you're gonna bring a gun and commit a crime and somebody dies, there's consequences in Alabama – it's felony-murder," he says.
Houston points out that at his sentencing, Smith laughed and smiled. Holton, the defence lawyer, says that only shows how young Smith is.
Andre Washington, A'Donte's father, attended Smith's trial, but he didn't sit on the prosecution's side of the courtroom. Instead, he sat with Smith's mother.
"I went there to show him and his family some support. What the officers did – it was totally wrong," says Washington. "I don't feel [Smith] deserves that. No. Not at all."
Leslie Cheung: Asia’s gay icon lives on 15 years after his death
For the past 15 years fans of tormented superstar Leslie Cheung, one of the first celebrities to come out as gay in Asia, have gathered at Hong Kong's Mandarin Oriental Hotel to mourn the day he took his own life.
It's a poignant sign of why the daring and troubled star is still important today.
One of Hong Kong's most popular male singers and actors of the mid-1980s, Leslie Cheung Kwok Wing was not afraid of provoking controversy with his overt sexuality and provocative performances during a more socially conservative era.
And 15 years after his death, Cheung is still attracting new fans, including teenagers and millennials.
Lam, a 15-year-old who attended 1 April's vigil, was only a few months old when Cheung died. She told BBC Chinese she had "discovered him on YouTube".
"He was charismatic; especially when he went androgynous…it's gorgeous," she said.
Meanwhile, 25-year-old Wu travelled from Hunan province on mainland China with his boyfriend to mourn the icon.
Wu told BBC Chinese he drew strength from Cheung's "spirit of being true to oneself".
"He showed the [Chinese-speaking] world that gay people can be positive, bright and worthy of respect."
Born in 1962, Leslie Cheung was one of Hong Kong's most famous stars during the golden era of Cantopop in the 1980s.
He was dashing, stylish and fitted the public idea of a perfect heterosexual male lover. But in reality, he was in a long-term relationship with his childhood friend, Daffy Tong.
It was not an easy time to be gay. At that time, homosexuality was still viewed by many as an illness and abnormality in Hong Kong, especially after the emergence of the first local case of Aids in 1984. It was not until 1991 that adult gay sex was decriminalised in the territory.
"The LGBT movement in Hong Kong took off in the 1990s, when the community finally became visible to the public," Travis Kong, an associate professor of sociology researching gay culture at The University of Hong Kong, told BBC Chinese.
And it was at this point that Cheung became more daring in his work.
He first came to international attention with his portrayal of Cheng Dieyi, the androgynous Peking Opera star, for the film Farewell My Concubine, which won the Palme d'Or at Cannes in 1993.
He went on to star in Happy Together directed by Wong Kar Wai – a gay cinema classic about a couple who struggle to find a peaceful co-existence.
"Happy Together is different. It is a stereotypical heterosexual romance, but played by two men," said Kit Hung, a Hong Kong director.
Meanwhile, Christopher Doyle, the renowned cinematographer who worked with Cheung on various Wong Kar Wai films, told BBC Chinese: "He was so beautiful. We both wanted to convey through my lens the most beautiful, sincerest side of him.
"He enters our imagination audaciously… always showing us better possibilities."
On stage, Cheung unleashed a sexually fluid charm. His defining queer performance came in a 1997 concert where he danced intimately with a male dancer to his song Red. He wore a black suit with a pair of sparkling crimson high-heels.
At that concert he dedicated a classic love song to the two "loves of his life", his mother and his partner Daffy Tong. This is seen as the moment he came out of the closet. Cheung did not proclaim his sexuality as such, but confessed his love for a man.
"In the 1990s, at times a gay man was still called 'Aids man' and 'pervert'," says Mr Kong. "In a society so oppressive to the LGBT community, the coming out of such a renowned superstar had a huge effect on the general public."
Despite his success across Asia, there were many who did not appreciate this side of Cheung.
At the 1998 Hong Kong Film Awards, Happy Together was mocked by comedians, who described it as a film that would make the audience vomit. A music video he directed, featuring him topless with a male ballet dancer, was also censored by major local TV channel TVB.
In 2000 Leslie became the first Asian star to wear a tailor-made costume by French fashion master Jean-Paul Gaultier in a concert. With waist-length hair, clearly visible stubble and a muscular build, Cheung also wore tight transparent trousers and a short skirt.
He ended the concert with his self-revealing ballad I. "The theme of my performance is this: The most important thing in life, apart from love, is to appreciate your own self," he explained.
"I won't hide, I will live my life the way I like under the bright light" he sang. "I am what I am, firelight of a different colour."
But he was dismissed as a "transvestite", "perverted" or "haunted by a female ghost" in local media. He would dismiss that criticism as superficial and short-sighted.
He remains such an iconic figure in Hong Kong's awakening to LGBT issues that the Mandarin Oriental Hotel is even the first stop of a walking tour on the city's LGBT history.
It was from here that he jumped to his death on 1 April 2003 after a long struggle with depression. It was a shocking moment for the city, and a devastating moment for fans.
Tens of thousands turned out to bid him farewell and at the funeral, his partner Daffy Tong assumed the role traditionally preserved for the surviving spouse, a profound, public recognition of their relationship.
Never legally married, Mr Tong's was the first name listed on the family's announcement of Cheung's death, credited "Love of His Life".
Same-sex marriage or civil unions are still not legal in Hong Kong, but in the city's collective memory, Cheung and Tong are fondly remembered as an iconic, loving couple.
Hong Kong still lacks anti-discrimination laws protecting LGBT communities but queer identity and sexual fluidity are no longer so taboo and are part of the social landscape.
Last year a museum in Hong Kong held an exhibition "Ambiguously Yours: Gender in Hong Kong Popular Culture". The first exhibit visitors encountered upon entering the venue was a pair of sparkling crimson high-heels – the pair Cheung wore performing Red in 1997.
"The highest achievement for a performer is to embody both genders at the same time," Cheung once proclaimed: "For art itself is genderless."
If you are feeling emotionally distressed and would like details of organisations which offer advice and support, click here. In the UK you can call for free, at any time, to hear recorded information on 0800 066 066. In Hong Kong you can get help here.
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N Korea-US talks: Pyongyang ‘ready to discuss denuclearisation’
North Korea has promised the US it is ready to discuss the future of its nuclear arsenal when the two nations' leaders meet, US officials say.
Preparations for the summit have included secret, direct talks with North Korea, Trump administration sources told CNN.
US and North Korean intelligence officials are said to have spoken many times, and met in a third country.
The unprecedented summit is slated to happen in May.
It will be the first time a sitting US president has met the leader of North Korea.
North Korea has already told South Korea it was prepared to address denuclearisation, but this is the first time assurances have been given to Washington directly.
Details of the leaders' summit, including the location, remain unclear. CNN's sources said that the North Koreans are pushing to have the meeting in their capital, Pyongyang, with Mongolian capital Ulaanbaatar another option.
Promises, but no guarantees
News of the talks between the US and North Korea surprised many when it broke in March
It followed a year of threats, personal insults and nuclear brinkmanship between their respective leaders.
It is not clear if Pyongyang accepts Washington's definition of denuclearisation, which for the White House means the end of its nuclear weapons programme.
The North has previously halted missile and nuclear tests during past talks, only to resume them when it lost patience or felt its demands were not being met.
As yet, North Korea has not broken its public silence to confirm the US summit is happening.
However, a series of meetings with overseas leaders suggest that preparations are indeed under way.
In late March, Mr Kim made his first known foreign trip since taking office in 2011 – to Beijing.
The visit, confirmed by China and North Korea, involved "successful talks" with President Xi Jinping, China's Xinhua news agency reported.
China is North Korea's main economic ally, and it was thought highly likely that Pyongyang would consult Beijing before holding summits with South Korea and the US.
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Mr Kim is now expected to meet South Korea's President Moon Jae-in late April, on the heavily fortified Korean border.
South Korea has played a key role in brokering the proposed talks between the US and its northern neighbour.
Prostate cancer: Four in 10 cases diagnosed late, charity says
Four in 10 prostate cancer cases in the UK are diagnosed late, a study suggests.
The report by charity Orchid found a "worrying trend" of late diagnosis with 37% of prostate cancer cases diagnosed at stages three and four.
The report found one in four cases of prostate cancer was diagnosed in A&E.
In February figures showed the number of men dying from prostate cancer had overtaken female deaths from breast cancer for the first time in the UK.
With an aging population, the charity has called for urgent action to prevent a "ticking time bomb in terms of prostate cancer provision".
Orchid chief executive Rebecca Porta said: "With prostate cancer due to be the most prevalent cancer in the UK within the next 12 years, we are facing a potential crisis in terms of diagnostics, treatment and patient care. Urgent action needs to be taken now."
The report canvassed the opinion of the UK's leading prostate cancer experts and looked at previously published data to get a picture of the prostate cancer care across the UK.
The data came from organisations such as NHS England, charities and the National Prostate Cancer Audit.
The report says that 42% of prostate cancer patients saw their GP with symptoms twice or more before they were referred, with 6% seen five or more times prior to referral.
Prof Frank Chinegwundoh, a urological surgeon at Bart's Health NHS Trust said: "25% of prostate cancer cases in the UK are diagnosed at an advanced stage.
"This compares to just 8% in the US where there is greater public awareness of prostate cancer and greater screening," he added.
He said while there was controversy over the effectiveness of the standard PSA test used to detect the cancer, "it is still vital that patients are diagnosed early to assess if they need treatment or not as advanced prostate cancer is incurable".
The report also said there needed to be renewed efforts to develop better testing methods.
Prostate cancer symptoms
- prostate cancer is diagnosed by using the prostate specific antigen (PSA) test, biopsies and physical examinations
- there can be few symptoms of prostate cancer in the early stages, and because of its location most symptoms are linked to urination
- needing to urinate more often, especially at night
- needing to run to the toilet
- difficulty in starting to urinate
- weak urine flow or taking a long time while urinating
- feeling your bladder has not emptied fully
- men with prostate cancer can also live for decades without symptoms or needing treatment because the disease often progresses very slowly
The PSA test is available free to any man aged 50 or over who requests it, but the report said this can "create inequity" with tests being taken up by "more highly educated men in more affluent areas".
Prof Anne Mackie, director of programmes for the UK National Screening Committee, said the test was not offered universally because it was not very good at predicting which men have cancer.
"It will miss some cancers and often those cancers that are picked up when using the PSA test are not harmful," she explained.
"Treatment for prostate cancer can cause nasty side effects so we need to be sure we are treating the right men and the right cancers.
"There is a lot of research into screening and treatment for prostate cancer and the committee, along with NICE and the NHS, is keeping a close eye on the evidence as it develops," she added.
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