Page 17

Question 0

How is transferred or constructive intent related to the felony murder rule?

Answer 0

The intent to commit a felony is transferred to the act of killing in order to find culpability for homicide

Question 1

How is malice involved in the felony murder rule?

Answer 1

It is implied because the felony murder rule is a substitute for a mental state

Question 2

How should you always refer to the felony murder rule?

Answer 2

Murder based on felony murder rule, not guilty of felony murder

Question 3

Is the defense of duress available for homicides?

Answer 3

Usually no

Question 4

How is the defense of duress applicable to felony murder?

Answer 4

Any defense to the underlying felony becomes a defense to the murder as well

Question 5

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?

Answer 5

You would have a defense to the robbery, which is what triggered the felony murder, so it is therefore a defense to murder

Question 6

What are the elements of felony murder?

Answer 6

• killing
• during the commission of
• an inherently dangerous act
• that is an independent felony
• the killing was in furtherance of the felony

Question 7

What are the two approaches to inherently dangerous crime for the felony murder rule?

Answer 7

• dangerous by definition

- dangerous by manner of commission

Question 8

What does it mean for a crime to be dangerous by definition for the felony murder rule?

Answer 8

One that by definition involves force and fear to put someone in personal peril (BARRK)

Question 9

What are felonies that are not inherently dangerous?

Answer 9

Those that can be committed without creating a risk to human life

Question 10

What are the BARRK felonies?

Answer 10

Burglary, arson, rape, robbery, kidnapping

Question 11

What does it mean for a crime to be dangerous by manner of commission for the felony murder rule?

Answer 11

The felony is committed in a way that risks the lives and safety of individuals

Question 12

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?

Answer 12

Felony murder because false pretenses were committed in such a deadly manner that it allows liability

Question 13

What is the majority approach to inherently dangerous felonies for felony murder?

Answer 13

It includes both felonies that are dangerous by definition and manner of commission

Question 14

What is the minority approach to inherently dangerous felonies for the felony murder rule?

Answer 14

The rule is only applicable to inherently dangerous felonies

Question 15

If you rob a store and the owner has a heart attack from the stress, does felony murder apply?

Answer 15

Yes, because even though you didn’t intend to kill him, robbery is an inherently dangerous felony (CL approach)

Question 16

When does the felony murder rule begin?

Answer 16

When the felons have gone far enough to be guilty of attempt when caught

Question 17

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?

Answer 17

Yes

Question 18

When does the felony murder timeline end?

Answer 18

When the felons believe they have reached a place of apparent safety

Question 19

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?

Answer 19

If the building is still burning, that counts as in commission of the felony, so yes

Question 20

What is the collateral felony rule?

Answer 20

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

Question 21

What are some examples of crimes that do not count as underlying felonies for felony murder?

Answer 21

Manslaughter, aggravated battery

Question 22

Could child abuse count as an underlying felony for felony murder?

Answer 22

Yes, if the abuse is less than life-threatening, because it isn’t part of an intentional attempt to fatally injure the child

Question 23

If a defendant slices the victim with a knife, the wound becomes infected, and the victim dies, is felony murder available?

Answer 23

No, because the underlying felony is a homicidal act

Question 24

How does causation affect felony murder?

Answer 24

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

Question 25

For felony murder there must be a sufficient link between the defendant's act, and what?

Answer 25

The murder

Question 26

If death occurs as a consequence of some intervening act following the defendant's conduct, what is the issue in a felony murder situation?

Answer 26

Whether the intervening cause was foreseeable (it is different than foreseen)

Question 27

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?

Answer 27

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

Question 28

If an intervening cause is a mere coincidence in a felony murder situation, what is required?

Answer 28

Foreseeability

Question 29

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?

Answer 29

No, because that is an unforeseeable intervening cause

Question 30

If an intervening act is a response to conditions created by the defendant in a felony murder situation, what does the question become?

Answer 30

Whether the act was abnormal or extraordinary

Question 31

If you set fire to a house and a firefighter dies, is that a felony murder situation?

Answer 31

Yes, because the death was foreseeable

Question 32

If you set fire to a house, and a thief that rushed in to steal things died, is that a felony murder situation?

Answer 32

Probably not because that death was abnormal and unforeseeable

Question 33

Can a defendant be prosecuted for both the underlying felony and felony murder?

Answer 33

Usually no

Question 34

How are gun battles related to felony murder?

Answer 34

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

Question 35

What is a gun battle?

Answer 35

Exchange of fire with police, victims, or bystanders

Question 36

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?

Answer 36

Your actions triggered the gun battle that showed willful and wanton conduct that proved malice under murder commission without resorting to felony murder

Question 37

If a felon uses a victim as a shield, or compels a victim to occupy a place of danger, what is their liability?

Answer 37

That was a direct lethal act against the victim and shows a causal connection for felony murder

Question 38

What is the vicarious responsibility of co-felons?

Answer 38

A felon is strictly liable for all killings committed personally or by an accomplice in the course of the felony