Page 17 Flashcards
How is transferred or constructive intent related to the felony murder rule?
The intent to commit a felony is transferred to the act of killing in order to find culpability for homicide
How is malice involved in the felony murder rule?
It is implied because the felony murder rule is a substitute for a mental state
How should you always refer to the felony murder rule?
Murder based on felony murder rule, not guilty of felony murder
Is the defense of duress available for homicides?
Usually no
How is the defense of duress applicable to felony murder?
Any defense to the underlying felony becomes a defense to the murder as well
If you were forced by duress to commit a robbery, and a death occurred during the course of the robbery, is there any way that you would have a defense?
You would have a defense to the robbery, which is what triggered the felony murder, so it is therefore a defense to murder
What are the elements of felony murder?
- killing
- during the commission of
- an inherently dangerous act
- that is an independent felony
- the killing was in furtherance of the felony
What are the two approaches to inherently dangerous crime for the felony murder rule?
- dangerous by definition
- dangerous by manner of commission
What does it mean for a crime to be dangerous by definition for the felony murder rule?
One that by definition involves force and fear to put someone in personal peril (BARRK)
What are felonies that are not inherently dangerous?
Those that can be committed without creating a risk to human life
What are the BARRK felonies?
Burglary, arson, rape, robbery, kidnapping
What does it mean for a crime to be dangerous by manner of commission for the felony murder rule?
The felony is committed in a way that risks the lives and safety of individuals
If a person pretends to be a Dr. selling a cure for cancer that doesn’t work, and the victim dies, what can that person be charged with?
Felony murder because false pretenses were committed in such a deadly manner that it allows liability
What is the majority approach to inherently dangerous felonies for felony murder?
It includes both felonies that are dangerous by definition and manner of commission
What is the minority approach to inherently dangerous felonies for the felony murder rule?
The rule is only applicable to inherently dangerous felonies
If you rob a store and the owner has a heart attack from the stress, does felony murder apply?
Yes, because even though you didn’t intend to kill him, robbery is an inherently dangerous felony (CL approach)
When does the felony murder rule begin?
When the felons have gone far enough to be guilty of attempt when caught
If you go to a liquor store to rob it, point your gun in the air and pull the trigger, the bullet hits a lamp that falls and kills someone, and you get scared and run away, is that enough for attempted robbery/felony murder?
Yes
When does the felony murder timeline end?
When the felons believe they have reached a place of apparent safety
If you set fire to a building and a homeless person dies when he tries to warm himself on the coals of the flareup, are you guilty of felony murder?
If the building is still burning, that counts as in commission of the felony, so yes
What is the collateral felony rule?
The underlying felony must be independent of the homicide and involve conduct that is separate from the acts of personal violence that are a necessary part of the homicide itself
What are some examples of crimes that do not count as underlying felonies for felony murder?
Manslaughter, aggravated battery
Could child abuse count as an underlying felony for felony murder?
Yes, if the abuse is less than life-threatening, because it isn’t part of an intentional attempt to fatally injure the child
If a defendant slices the victim with a knife, the wound becomes infected, and the victim dies, is felony murder available?
No, because the underlying felony is a homicidal act
How does causation affect felony murder?
D’s conduct must be the proximate cause of the victim’s death, and the death must be a foreseeable and natural result of the felony
For felony murder there must be a sufficient link between the defendant’s act, and what?
The murder
If death occurs as a consequence of some intervening act following the defendant’s conduct, what is the issue in a felony murder situation?
Whether the intervening cause was foreseeable (it is different than foreseen)
If you tie up a victim in a liquor store, leave the scene, drive very carefully, and run over a child that darts out from two cars, are you guilty of felony murder?
Although this is still within the commission of the felony because you haven’t reached the point of safety yet, there is no connection between this death and the felony, so no liability for felony murder
If an intervening cause is a mere coincidence in a felony murder situation, what is required?
Foreseeability
If you rob a movie ticket counter, and the popcorn maker runs outside and hides in the bushes, and is bitten by a poisonous spider and dies, are you guilty of felony murder?
No, because that is an unforeseeable intervening cause
If an intervening act is a response to conditions created by the defendant in a felony murder situation, what does the question become?
Whether the act was abnormal or extraordinary
If you set fire to a house and a firefighter dies, is that a felony murder situation?
Yes, because the death was foreseeable
If you set fire to a house, and a thief that rushed in to steal things died, is that a felony murder situation?
Probably not because that death was abnormal and unforeseeable
Can a defendant be prosecuted for both the underlying felony and felony murder?
Usually no
How are gun battles related to felony murder?
If you start a gun battle you are thought to have engaged in willful or wanton misconduct and are liable for murder without the need to apply felony murder
What is a gun battle?
Exchange of fire with police, victims, or bystanders
If you rob a store and police surround it, and you start shooting bullets out the door, and a gun battle with the police ensues and a bystander is killed, what is your liability?
Your actions triggered the gun battle that showed willful and wanton conduct that proved malice under murder commission without resorting to felony murder
If a felon uses a victim as a shield, or compels a victim to occupy a place of danger, what is their liability?
That was a direct lethal act against the victim and shows a causal connection for felony murder
What is the vicarious responsibility of co-felons?
A felon is strictly liable for all killings committed personally or by an accomplice in the course of the felony
