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Note on Russell
Does the result in Russell make sense?
On the one hand, all the defendants engaged in incredibly reckless conduct and as a result of that conduct an innocent was killed. Obviously the shooter should be convicted of the crime and the inability of the state to identify the shooter creates a frustration.
But does the solution to that conundrum make sense? To find that the shooters aided and abetted eachothers' reckless conduct, what must a jury conclude? Is that consistent with the likely intentions of those engaged in a shootout?
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