felony murder rule


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felony murder rule

A legal doctrine in some (English) common law jurisdictions that broadens the legal ramifications of murder to include:
(1) when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, manslaughter is escalated to murder; and
(2) it makes any participant in the felony criminally liable for any deaths that occur during or in furtherance of that felony.
References in periodicals archive ?
271) Yet, of the seventeen men sentenced in part under the felony murder rule, the jury found mitigating factors in the case of twelve: six were found to have their capacity to appreciate criminality impaired, (272) three were under the age of twenty-one, (273) three were emotionally disturbed at the time of the murder, (274) one had no prior record, (275) and two were found to have other mitigating circumstances.
To be convicted under the felony murder rule in North Carolina, "an accused must be purposely resolved to commit the underlying crime in order to be held accountable for unlawful killing's during the crimes' commission.
Thus, one could have incapacitation as the general justifying aim and retribution as a distribution principle, which would require rejecting the felony murder rule when it is applied to an accidental killing.
The Conclusion recognizes that retaining the felony murder rule is
The classic arguments against the felony murder rule have been
argument that the felony murder rule is encumbered with so many
the felony murder rule cannot be crafted to create an equivalent
sometimes asserts that the felony murder rule cannot deter accidental
The implications of this research for the proximate cause theory of the felony murder rule are twofold.
Because juries are likely to find a resulting death foreseeable and appellate judges are generally deferential to jury determinations, courts have upheld felony murder convictions, gradually expanding the application of the proximate cause theory of the felony murder rule.
Part II provides general background information on the felony murder rule and explains how the rule developed and is applied in Illinois.
The felony murder rule has long been the subject of intense criticism by the legal community.