Felony Murder

Question 1

Mens Rea

Answer 1

An intent to commit the felony, a dangerous, life-threatening act, which = implied malice required for common law murder or extreme recklessness for human required for mpc murder. Under common law, felony murder functions like a strict liability crime. Defendant normally can’t offer defenses unless the state has an MPC doctrine of felony murder or there is a specific statutory provision allowing defenses.

Question 2

Four limitations to felony murder doctrine

Answer 2

1. Inherently dangerous
2. Merger doctrine
3. Res Gestae
4. Killing by a non-felon

Question 3

Killing by a non-felon

Answer 3

Two approaches:

1. Agency-felony murder applies only if the defendant or his “agent” (accomplice) is responsible for the death.
2. Proximate cause-which allows for felony murder when any death occurs as a result of the felony—even one caused by a victim, bystander, or police officer.

Question 4

In-abstract test

Answer 4

Some courts consider felony in abstract (ignoring facts of case and looking at definition of crime); ask whether felony, by its nature, cannot be committed without creating substantial risk that someone will be killed. i.e., only if felony, as defined, always (no matter how committed) creates substantial risk of death.

Question 5

Res Gestae

Answer 5

• For felony murder rule to operate, homicide must occur within the res gestae (things done to commit) the felony.
• Res gestae of felony continues after commission of crime while felon flees scene until she reaches place of temporary safety.
• Must be causal connection between felony & death.