Felony Murder

Question 1

Felony murder rule

Answer 1

• Strict liability for a death occurring during felonius conduct
• no mens rea as required to death
• malice is implied from the intent to commit the underlying felony

Question 2

Penn Model

Answer 2

• If felony is specified, then it’s first degree murder
• Examples: robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape
• If felony is not specified then its second degree murder

Question 3

MPC Felony Murder

Answer 3

If there is a killing during robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping, or felonious escape, recklessness and indifference to value of human life is presumed.

Question 4

In the abstract

Answer 4

the felony, by its very nature cannot be committed without creating a substantial risk that someone will be killed

Question 5

Merger / independent felony rule

Answer 5

Felony is not independent when it is an integral part of homicide

Robbery - assault
Rape - voluntary manslaughter
Kidnapping - involuntary manslaughter

Question 6

FMR and conspiracy

Answer 6

All members of conspiracy are liable for murder if the death was caused in furtherance of the conspiracy and was a foreseeable consequence of the conspiracy