Felony Murder

Question 1

Felony Murder

Answer 1

a murder conviction brought about as a result of an underlying felony that was being committed when the killing occurred, takes away the requirement that the prosecution prove the relevant murder for mens rea

Question 2

Limitations of Felony Murder

Answer 2

(1) Statute specifying which felonies are available for felony murder charges
(2) “Inherently dangerous” felonies as decided by statute or jury
(3) “In furtherance” murder must be in furtherance of the underlying felony. Some jurisdictions apply proximate cause test others agency approach

Question 3

Proximate Cause felony murder

Answer 3

the defendant set into motion events that could have foreseeably resulted in someone dying (does not need to actually commit killing themselves)

Question 4

Agency approach

Answer 4

Defendant must have actually been the actor who committed the killing, mens rea still does not require proving