"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.
P.2d 130, 133 (1965) ("The purpose of
felony murder rule is to
(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.