felony murder doctrine


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felony murder doctrine

n. a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over a store clerk, killing the clerk. Even if the death were accidental, all of the participants can be found guilty of felony murder, including those who did no harm, had no gun, and/or did not intend to hurt anyone. In a bizarre situation, if one of the hold-up men or women is killed, his fellow robbers can be charged with murder. (See: murder)

References in periodicals archive ?
1965) (in bank) (explaining the felony murder doctrine is unnecessary where the defendant acted with a "base, antisocial motive and with wanton disregard for human life" (quoting People v.
where an accomplice in the felony, one who did not actually kill the victim, is convicted of murder under the felony murder doctrine and receives the death penalty.
Without the felony murder doctrine, David could still be
The other primary justification for the felony murder doctrine is
Court previously considered the felony murder doctrine in the context of
29) See Crump, supra note 28, at 1159 ("The chief complaint of the MPC [Model Penal Code] drafters appears to be that the felony murder doctrine results in convictions unrelated to individual blameworthiness.
As the California Supreme Court underscored in Chun, the most plausible construction of the language is that the legislature that enacted the 1850 code intended to include the felony murder doctrine.
If the judge merely instructed the jurors to convict the accused of murder only if they found, among other matters, his reckless state of mind beyond a reasonable doubt, the conviction would not rest on the felony murder doctrine.
In Chun, the California Supreme Court took advantage of the vagueness of a term ("abandoned and malignant heart") to infuse it with the second degree felony murder doctrine.
argument depends on precisely which kind of felony murder doctrine is
of the tests for a good felony murder doctrine set out at the beginning
than a mere assertion that the felony murder doctrine divorces liability