CL Felony Murder Rule Flashcards
CL Felony Murder Rule (FMR)
what is it?
when a unintentional homicide occurs during the commission, attempt, or flight from an inherently dangerous crime–> the homicide is classified as murder
allows prosecution to charge a defendant with murder even if the defendant lacked malice aforethought
CL FMR
inherently dangerous crime
meaning
Inherently dangerous crime that is a independent felony
§ So crimes such as committing murder with intent cannot qualify as as independent felony bc that is the homicide itself that the D intends to do
§ Applies to unenumerated FM cases
CL FMR
MPC Murder rule
doesn’t treat it as strict liability- instead it’s a killing done recklessly and under circumstances manifesting extreme indifference to the value of human life,
○ but still while committing certain enumerated felonies
□ Such as: robbery, rape, arson, burglary, kidnapping or felonious escape
CL FMR
MPC Murder rule
what is the prosecution’s job under the MPC?
When there is extreme recklessness- prosecution doesn’t need to prove why the defendant did what they did - because they partake in such inherently dangerous activity and ended in death
CL FMR
CL Theories to find FM
FM as a strict liability crime….
Felony-murder per se/true strict liability;
any killings occurred in the course of a felony, all felons are guilty of felony-murder.
CL FMR
CL Theories to find FM
FM using proximate cause…
Proximate cause/foreseeability:
death cannot be too remote or too dependent on an 3rd person’s acts
CL FMR
CL Theories to find FM
Proximate cause rule
Accomplices can set a defense if:
(1) he did not commit homicidal act
(2) was not armed with a deadly weapon
(3) had no reason to believe any co-felon was armed or
(4) intended to engage in conduct likely to result in death.
CL FMR
CL Theories to find FM
Agency Theory approach
felony-murder- must in furtherance of a felony and committed by one of the felons
In other words, the FM must be met by when the non-felon causes the death of the bystander and we can attribute the death of bystander to the felon charged with FM–>the point is we have to get the felon and all others involved to establish the D’s guilty of FM
CL FMR
CL Theories to find FM
Protected Persons Theory
felons are liable under the FM rule only when an innocent person dies bc the purpose is to protect innocent people, not felons.
CL FMR
CL Theories to find FM
Rae Gestae Req Theory
That is if the felon reaches a place of temporary safety–> then felony ends–>thus malice for murder ends.
However, to find whether D had reached a place of temporary safety enough to not be found liable for FM while in flight, the following factors apply:
§ If the felony and killing are not within the same location–>then check the distance in between
§ Looks at how much time has passed
§ Does the felon still possess the fruits of the crime
§ Is there still hot or close pursuit
CL FMR
Dangerous Felony Limitations
dealing with FM found bw 1st and 2nd degree murders…
A killing is a first-degree murder if committed in the perpetration of one of the statutorily enumerated offenses;
however, state law has incorporated second-degree FM for killings in the course of other felonies that are not enumerated;
And jurisdictions will limit which felonies can serve as a predicate felony to FM:
CL FMR
Dangerous Felony Limitations
Merger Doctrine Limitation
FM should not be applied in circumstances where:
the predicate (underlying) felony committed by the D was assault/_____
or the FM statute fails to specifically list felonies capable of supporting a felony murder conviction;
Therefore, if the predicate and homicide must merge into one felony –>then FM rule does not apply
CL FMR
Dangerous Felony Limitations
Merger Doctrine Limitation on requiring bodily harm…
if a felony requires bodily harm or imminent threat of bodily harm, –> it can’t support felony-murder liability
