Felony Murder (and Related Matters)

Question 1

Felony Murder Definition

Answer 1

A killing – even an accidental one – committed during the course of a felony is murder. Malice is implied from the intent to commit the underlying felony.

Question 2

Felonies Included in Felony Murder

Answer 2

Commonlaw? BARRK (burglary, arson, rape, robbery, and kidnapping)
Today, criminal codes of states have created many more.

Question 3

Scope of Felony Murder

Answer 3

When felony murder is combined with conspiracy law, the scope of liability becomes very broad. If, in the course of a conspiracy to commit a felony, a death is caused all members of the conspiracy are liable for murder if the death was caused in the furtherance of the conspiracy and was forseeable consequence of the conspiracy.

Question 4

Limitations on the Liability of Felony Murder

Answer 4

(1) Commission of Underlying Felony
(2) Felony Must Be Independent of Killing
(3) Foreseeability of Death
(4) During the Commission of a Felony – Termination of Felony
(5) Killing of Co-Felon by Victims of Felonies or Pursuing Police Officers

Question 5

Limitations on Liability: Commission of Underlying Felony

Answer 5

To convict a defendant of felony murder, the prosecution must prove that he committed or attempted to commit the underlying felony. Thus, if the defendant has a substanative defense that negates an element of the underlying felony, she has a defense to felony murder. However, procedural defenses (such as statute of limitations defense to the underlying felony) will not be a defense to felony murder (in most states).

Question 6

Limitations on Liability: Forseeability of Death

Answer 6

The majority rule is that death must have been foreseeable result of the commission of the felony. However, it is important to note that courts have been willing ot find most deaths forseeable. A minority of courts do not apply forseeability requirements, requiring only that the felony be malum in se.

Question 7

Limitations on Liability: During the commission of a felony - Termination of Felony

Answer 7

The death must have been “caused during” the commission or attempted commission of the felony, but the fact that the felony was technically completed before death was caused does not prevent the killing from being felony murder. Deaths cause while fleeing from the crime are felony murder. BUT once the felon has reached a place of “temporary safety” the impact of the felony murder rule ceases and deaths subsequently caused are not felony murder.

Question 8

Limitations on Liability: Killing of Co-Felon by Victims of Felonies or Pursing Police Officers

Answer 8

Redline view (majority position) is that liability for murder cannot be based upon the eath of a co-felon from resistance by the victim or police pursuit.

Question 9

Agency Theory

Answer 9

Provides that for a felon to be held liable for felony murder, the killing must have been committed by the felon or his agent. Thus, if a bystander is accidentally killed by police officer during a shootout at the crime scene, there would be no felony muder liability because a police officer caused the bystander’s death.

Question 10

Proximate Cause Theory

Answer 10

Felons are liable for the deaths of innocent victims caused by someone else other than a co-felon, since they put into operation a series of events that caused the death of an innocent party.

Question 11

Limits on Misdemeanor Manslaughter

Answer 11

The same as felony murder. However, minority of courts limit the doctrine to malum in se misdemeanors.