Homicide

Question 1

C/L exceptions to felony murder rule

Answer 1

Agency Theory
Independent Felonious Purpose
Inherently Dangerous Felony
Merger Doctrine
Withdrawal Defense
Proximate Cause Limitation

Question 2

Agency Theory

Answer 2

C/L exception to felony-murder rule

Only the felon or their accomplices can be held responsible for the death. If the death is caused by a third party (e.g., a police officer or a victim acting in self-defense) —> felons cannot be charged with felony murder

Question 3

MPC on felony murder rule

Answer 3

Wants to eliminate it

Question 4

Felony murder rule

Answer 4

Felon is held strictly liable for all killings committed by him or his accomplices in the course of a felony

We want to deter (1) Linker (felonious actor) and (2) Careless Felonization (we want criminals to act as calmly as possible when executing their crimes).

Question 5

Why do we have the felony murder rule?

Answer 5

Even if we did not have this doctrine, actor would still go down for underlying felony

Can still prove murder where act is purposeful intent to kill. Or, can prove risky killing — death foreseeable in some way.

Makes prosecution easier because it eliminates MR requirement on the death that occurs.

Question 6

Does felony murder rule apply even if a death was not the natural or probable consequence of D’s criminal act?

Answer 6

Yes

People v. Stamp: D robbed a business owned by victim. After the robbery, victim began suffering chest pains and died of a heart attack. D’s conviction of first degree murder was upheld under the felony murder rule.