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 ?
"With accomplice liability, we x often get the situation where a co-felon is held liable for an unintended killing by one of their partners," said Guyora Binder, a law professor at the State University of New York at Buffalo and author of a book on the history and application of felony murder rules in the United States.
First, we summarize the operation of felony murder rules and the considerations that might justify severe penalties for felony murder.
(13) As a result, the felony murder rule had to be limited in some manner.
(28) Compare David Crump, Reconsidering the Felony Murder Rule in Light of Modern Criticisms: Doesn 't the Conclusion Depend Upon the Particular Rule at Issue?, 32 Harv.
To be sure, considering the felony murder rule a matter of distributive justice raises some inevitable questions.
Part C introduces the core doctrine surrounding the felony murder rule in California.
(33) Guyora Binder, The Origins of American Felony Murder Rules, 57 STAN.
(198) First, the Court found that Walters was convicted on two counts of first-degree murder under both the felony murder rule for kidnapping and robbery with a firearm and murder with premeditation and deliberation.
Thus, leaving aside the death penalty issue (which Pillsbury also explicitly leaves aside), most dangerous felons who kill can be convicted of murder with or without the felony murder rule. The felony murder rule, of course, is usually an easier route to a murder conviction because the prosecutor does not have to prove the reckless mens tea and the extreme indifference to the value of human life.
The felony murder rule in Alabama has been codified by state statute 13A-6-2 (a)(3), which states a person is guilty of murder when "he or she commits or attempts to commit ...
Trotto of first-degree murder under the felony murder rule. In so doing, the jury found that the Mr.