Felony Murder Limitations

Question 1

Inherent Danger

Answer 1

FMR can be used if, in the abstract, the felony can’t be done without creating a substantial risk of death or SBH. (Enumerated in statutes!)

Question 2

Merger Rule

Answer 2

FMR can’t be used if the felony is integral to the homicide in fact. FMR applies if the felony was for an “independent purpose” from homicide.

Question 3

Agency

Answer 3

FMR can be used if the murderer is D’s agent/accomplice/co-conspirator.

Question 4

Proximate Cause

Answer 4

FMR applies if (1) the “but for” test is satisfied, (2) death is foreseeable, and (3) no intervening causes are present.

Question 5

Furtherance of Felony

Answer 5

FMR applies if homicide occurred in order to further or complete the attempted felony.

Question 6

Commission of Felony

Answer 6

FMR applies if homicide occurred either during the felony or res gestae.

Question 7

Innocent Victims

Answer 7

FMR applies if the decedent is an innocent victim and not a co-felon.