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