In 2008 LaShawn Fitch (17) and three others alleged to rob a local dealer for his drugs. During the robbery attempt the victim was shot and killed. LaShawn Fitch was not charged with any crimes until 2009. He was charged as an accomplice to the other defendants. LaShawn Fitch was found guilty of Felony Murder in 2014 and sentenced to 40 years. LaShawn a juvenile at the time crimes were committed, was tried as if he was the shooter. The current law on the accomplice liability states that a defendant must share the same intent as the principal who commits the crime and at least indirectly participate in the commission of the criminal act. In the wake of recent juvenile brain development studies, the accomplice liability statute, should be amended to recognize the science involving the juveniles’ cognitive development. LaShawn, is calling for the “accomplice liability” statute to exempt juvenile accomplices charged with adult codefendants, where the juvenile is not the principal; and Felony murder” statute in New Jersey to be modified to recognize juvenile accomplices who did not commit the homicidal act. This petition proposes that juvenile non-slayer accomplices are not to be held liable for a murder they did not commit or intend to commit.

In 2017 the New Jersey Supreme court recognized in a case involving juvenile defendants “that juveniles do not share the same cognizant capabilities as adults”.  see.  State v. Zuber/Comer 2017 N.J. LEXIS 5 (Decided on January 11, 2017). The push for juvenile justice across America and New Jersey has been long standing. The push in New Jersey started with our previous Governor Chris Christie and is being furthered by current Governor Phil Murphy. The bills recently passed regarding juvenile justice are S48,  Senate  No.  2003. Assembly Bill,  No.  3091.   see. https//www.njleg.state.nj.us/2020/bills/A3500/3091

  The bills currently lack how juvenile defendants are being prosecuted when accompanied by adult defendants in cases where juveniles are not the principal. More specifically, the non-slayer juvenile accomplice is still subjected to life imprisonment for being held liable through “Vicarious liability” – “Accomplice Liability” for an unintended murder. Felony murder in the New Jersey (2C: 11-3(a) ) is defined as “accidental” and “unintended”. Which in essence felony murder is an “unforeseen consequence”. Jurors are supposed to find guilt from ones’ culpability, intentions and blameworthiness. It is hard to find that when the law instructs the jury that even though a juveniles’ intentions are not to kill, they have to find them culpable of murder. The petition will push to no longer have juvenile accomplice held liable for actions that were not agreed upon or carried out by the accomplice.

The “accomplice liability/vicarious liability” statue currently situated is in direct conflict with the science the New Jersey Supreme Court based on the decision on in its seminal case.  see. State v. Zuber. 227 N.J.  422 (2017) ; also relied upon in the United States Supreme Court in Miller v. Alabama, 567 U.S.___ (2012) ; Florida v. Graham, Louisiana v. Montgomery,  136 S. Ct. 718, 726 (2016) ; Roper v. Simmons,  543 U.S.  551 (2005).  see. Dustin Albert & Laurence Steinberg, Judgment and Decision making in Adolescences, 21 J. Research on Adolescence 211 (2011).

Juveniles have a diminished cognitive capacity these are facts and not excuses. This is science, the key factor is the inability to appreciate risks. It should be recognized in all crimes involving juvenile accomplices. This petition is not designed to free murderers. It is designed only for juvenile accomplices in charges that require “vicarious liability” and are being punished for a murder they did not intend or commit. Help and join the fight to end this vicarious liability for juvenile accomplices and build a better system that is actually geared towards rehabilitation. Today LaShawn Fitch uses his voice to help spark the change needed in the country and in the state of New Jersey.