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Liability When Someone Other than the Defendant Kills the Victim

7 October, 2015 - 09:38

Generally, if the felony is inherently dangerous to life, and the defendant or defendants intentionally create a situation that is likely to result in death, if death does result, each and every defendant is guilty of felony murder. In some jurisdictions, this criminal liability exists even when some one other thaa co-felonkills the victim. 1 Review the bank robbery committed by Joe and Jane, as discussed in . If the security guard takes a shot at Joe but misses and kills the bank teller instead, both Joe and Jane are guilty of the bank teller’s death pursuant to this interpretation of the felony-murder doctrine.

Some jurisdictions relieve a defendant from criminal liability for felony murder if the death is the deathof a co-felon, rather than a completely innocent victim. 2 In the case of Joe and Jane discussed in , if the security guard shoots and kills Joein a jurisdiction that recognizes this exception, Jane is not guilty of felony murder.