Themis Essay 4897 Flashcards
Felony Murder
Felony murder is murder of the first degree and is defined as
a murder committed in the commission or attempted commission of arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary, or abduction (kidnapping) except as otherwise provided in the aggravated murder statute.
Felony murder may be intentional or unintentional, as long as
the death results from the acts in furtherance of one of the enumerated felonies.
In Virginia, robbery is a
common-law crime.
The elements of robbery as defined at common law are:
(i) the taking, (ii) with intent to steal, (iii) of the personal property of another, (iv) from his person or in his presence, (v) against his will, (vi) by violence or intimidation.
A principal in the first degree is
a person whose acts or omissions are the actus reus of the crime.
A principal in the first degree is typically
present at the scene of the crime.
A principal in the second degree is a person who is present at the commission of a crime and
shares the principal in the first degree’s intent that the crime be committed or aids, abets, encourages, assists, or advises a principal in the first degree in the commission of the crime.
In felony murder cases, every principal in the second degree may be
indicted, tried, convicted, and punished in the same manner as a principal in the first degree.
A person is guilty of conspiracy if
he confederates or agrees with another to commit a felony.
Virginia does not require an overt act to be performed to
complete a conspiracy; an agreement to commit a felony is sufficient.