Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License.
Felony murder can be first, second, or thirddegree. 1 Some common examples of felonies listed in first-degree murder statutes are arson, rape, carjacking, robbery, burglary, kidnapping, and certain forcible sexual felonies. 2
KEY TAKEAWAYS
- The criminal intent element required for felony murder is the intent required for the underlying felony, not murder intent.
- If a felony is inherently dangerous to life, the defendant may act with implied malice, knowingly, or recklessly manifesting extreme indifference to human life when committing or attempting to commit the felony.
- If more than one defendant commits or attempts to commit a felony, all defendants are guilty of felony murder if a victim is killed during the commission or attempted commission of the felony.
- Some jurisdictions will not find a co-felon criminally responsible for felony murder if the co-felon did not commit the act of killing and was unaware that there was a risk of death.
- In some jurisdictions, all co-felons are criminally responsible for felony murder when someone other than a co-felon kills a victim during the commission or attempted commission of a felony that is inherently dangerous to life.
- In some jurisdictions, all co-felons are not criminally responsible for felony murder when someone other than a co-felon kills a co-felon during the commission or attempted commission of a felony.
- The killing must take place during the commission or attempted commission of a felony for the felony murder rule to apply.
- Felony murder can be first, second, or third degree. Typical felonies that classify felony murder as first degree are arson, rape, carjacking, robbery, burglary, kidnapping, and certain forcible sexual felonies.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Read Peoplev. Anderson, 666 N.W.2d 696 (2003). Did the Minnesota Supreme Court uphold a charge of second-degree felony murder when the underlying felonies were possession of a firearm by a convicted felon and possession of a stolen firearm? The case is available at this link:http://www.lexisnexis.com/legalnewsroom/p/lexisonelandingpage.aspx
- Kurt robs a convenience store at gunpoint. As the cashier hands him money out of the cash register, Kurt hears a siren and runs outside, stuffing the money in his pockets. He sees a dark alley and dashes into it. While he crouches there waiting for the police to leave, a homeless person living in the alley taps him on the shoulder. Startled, Kurt spins around and shoots and k ills the homeless person. Is this felony murder? Explain your answer.
- Read Enmundv. Florida, 458 U.S. 782 (1982). In Enmund, the US Supreme Court held that the death penalty is unconstitutional in a felony murder case for one who neither took life, attempted to take life, nor intended to take life. On which part of the Constitution did the Court rely in reaching this holding? The case is available at this link: https://www.law.cornell.edu/supremecourt/text/458/782
- 2242 reads
