Felony-Murder Rule (common Law)

Question 1

one is guilty of murder if death results from conduct during commission or attempted commission of any felony.

Answer 1

Felony-Murder Rule (common Law)

Question 2

Imposes liability for murder based on culpability required for underlying felony without separate proof of culpability with regard to death.

Answer 2

Felony-Murder Rule

Question 3

killing can be done negligently or even accidentally

Answer 3

Felony-Murder Rule

Question 4

Deter felons from committing felonies in violent manner

Answer 4

Felony-Murder Rule

Question 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.

Answer 5

Res Gestae Requirment

Question 6

No serious empirical evidence to support deterrence.
In many cases, rule unnecessary. (Another form of malice aforethought is provable.)
In few cases where rule is needed, likely perpetrator did not expect anyone to die and could not be deterred.

Answer 6

Utilitarian Argument Against Rule

Question 7

When applied to accidental homicides, results in disproportional punishment.
Intent to commit a felony transferred to homicide, which is unfair.

Answer 7

Retributive Argument Against Rule

Question 8

Rational classification and proportional grading of offenses
Condemnation – reaffirming the sanctity of human life
Deterrence
Clear definition of offenses and sentence consequences
Optimal allocation of criminal justice resources
Minimization of utility of perjury

Answer 8

Justification for Rule

Question 9

Many states limit rule to killings that arise during commission of inherently dangerous felonies.

Answer 9

Inherently Dangerous Felony-Murder Limitation

Question 10

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.

Answer 10

In-the-Abstract Test

Question 11

Other courts consider whether felony is dangerous in light of the factual circumstances of the particular case.
Ask whether felony in this case was committed in dangerous manner.

Answer 11

Facts-of-the-Case Test