XII. Felony Murder Flashcards
What is the definition of felony murder?
Death results from conduct during attempted/actual felony.
What intent is required for felony murder?
Intent to commit the felony.
Why do we not care about foreseeability in felony murder?
If you committed a felony like rob a bank, then it was always foreseeable that someone could have died
Guy robs a bank, customer has a heart attack and dies. Is the felon the proximate cause of the death? Yes they killed the victim. We have a homicide. What is the crime?
Felony murder.
If you are not charged with felony murder, what can you be charged with?
Murder - depraved heart murder - acting with a knowing disregard of a grave risk to human life.
What felonies under the Common Law would hold someone for felony murder?
All
What felonies under the Modern Law would charge someone with felony murder?
BAARK
Burger
Arson
Aggravated Assault
Rape
Kidnapping
You steal lifesaving medication from someone and they die. What is the charge?
No felony murder. Larceny not considered an inherently dangerous felony.
For felony murder, what does the merger limitation mean?
The felony and murder cannot have merged, meaning the felony must be distinct from the murder itself.
For example, guy commits a battery by hitting wife on head. If she dies, this is NOT felony murder because we can’t separate the battery from the killing itself. We say: The battery merges into the killing.
For felony murder, what is the time and distance limitation?
The felony murder possibility ends while the felon flees until they reach a place of temporary safety.
Sell someone cocaine and they die from the drug. Is it felony murder?
No. It wasn’t inherently dangerous. Test – look at it “backward” – could we have foreseen death?
Not BAARK.
