Felony Murder

Question 1

Felony Murder

Answer 1

Under CL
murder that occurs during the commission of a felony, especially a serious one

usually limited by enumerated felonies (MPC), specifying doctrines (CL), or combination

mens rea required for predicate felony

Question 2

Doctrine in its Unlimted Form

Answer 2

perpetrator of a predicate felony is guilty of F.M for a killing occurring furing the course of the felony, even if V’s death is
unplanned, unintended, or unforseeable.

Question 3

MPC and F.M.

Answer 3

criminal homicide constitutes murder when it is committed recklessly under circumstances manifesting extreme indifference to the value of human life (D.H.M.)

such recklessness/indifference are presumed if actor is engaged or accomplice in a felony

categorized as a type of depraved-heart murder

Question 4

Limitations on the Rule (F.M.)

Answer 4

1. Inherently Dangerous Felony Limitations
2. Independent Felony/Merger Doctrines
3. Killings in the Perpetration/Furtherance of a Felony

Question 5

Inherently Dangerous Felony Limitations

Answer 5

look at the felony in the abstract (i.e., w/o considering the actus reus result that has occurred) ; can the felony be committed in a not inherently dangerous way?

• if felony is not inherently dangerous in the abstract, the rule will not deter b/c D will not anticipate the possibility of an injury or death resulting from misconduct
• advantage of the FM rule is the state does not have to prove any mens rea, except the intent to commit the felony

ex. felony of practicing medicine without license is not an inherently dangerous felony

Question 6

Independent Felony/Merger Doctrine

Answer 6

felony is an integral part of the homicide; the felony merges into the homicide

Question 7

Killings in the Preparation/Furtherance of the Felony

Answer 7

two approaches:
1. proximate causation theory
2. agency theory

Question 8

Agency Theory

Answer 8

co-felon can be responsivle from prepetrator’s (co-felon) murder; a felon or accomplice cannot devrive liability from a 3rd party acting in response

• co-felon’s criminal responsibility is derived from perpetrator’s responsibility; acts of primary party are impute to his accomplice
  majority rule

ex. if co-delon does killing, both liable
if another party does killing, neither are liable

Question 9

Proximate Causation Theory

Answer 9

if an act by one felon is the proximate cause of homicidal conduct by other felon or 3rd party (even police officer), liability for F.M. is permitted

minority rule