26. Felony Murder

Question 1

1st degree FM

Answer 1

prescribed by the legislature in the 1st degree murder statute, if person in the course of committing/attempting to commit one of the enumerated felonies causes death is guilty of 1st degree felony, prosecution has to prove elements of underlying felony (do not have to prove underlying mental state for homicide) and prove causation

Question 2

2nd degree FM

Answer 2

residual judge-made category
- 1. Is the felony inherently dangerous to human life?
- 2. Is it independent of the homicide? (Merger Rule)
o Assaults are not independent
- 3. Causation!

Question 3

Deterrence

Answer 3

1. Deter the underlying felony in general, 2. Deter the deaths from happening in that felony

Question 4

Hansen

Answer 4

• Felony – discharging a weapon at an inhabited building
• 1. Inherently dangerous to human life?
     o Court could look to if it is inherently dangerous in the abstract, or inherently dangerous in the context as it was carried out
     o Court chooses abstract – look at statutory definition – decide it is inherently dangerous in the abstract
• 2. Is it independent of the homicide? (If not it merges into the homicide)
     o Look to if the act causing death was committed with a collateral and independent felonious design separate from intent to inflict the injury that caused death
     o Decided here it was, shot at house to leave calling card = independent felonious purpose, not doing it to commit assault/murder, doing it to send a message

Question 5

Distribution of drugs

- Hancock v. Commonwealth

Answer 5

affirmed 2nd degree FM after distribution of cocaine killed someone, distribution of cocaine is conduct potentially dangerous to human life
- Separate felonious intent (want to get high, make money, not kill/cause injury)

Question 6

Attempted FM

- Amlotte v. Florida

Answer 6

attempted robbery where 2 of the felons returned gunfire when a victim of the robbery tried to shoot them, attempted FM is a crime in FL, essential elements of crime are the perpetration or attempt to perpetrate the enumerated felony, together with an intentional overt act, or the aiding of act, which could but does not cause the death of another