What is felony murder

The robbery is separate from the act that causes death. Instead of a felony murder conviction, a defendant in this situation would face a regular homicide conviction perhaps first or second degree murder, or voluntary manslaughter.

Voluntary manslaughter

And, for a killing to be a murder, there typically has to be either an intent to kill, or, at minimum, conduct so reckless that it is punishable as murder. It applies when someone commits a certain kind of felony and someone else dies in the course of it. As mentioned above, felony murder is a subset of either first degree murder and, in some criminal codes, voluntary manslaughter. History[ edit ] While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. However, the Scots equivalent of "Joint Enterprise" known as "Art and Part" also has a similar effect. Soldiers in battle commit homicide without committing a crime. Rather, the standard is whether it was foreseeable that someone might have been killed during the crime. Cases What's the difference between homicide, murder and manslaughter? Ireland[ edit ] The rule was abolished in the Republic of Ireland by section 4 of the Criminal Justice Act which codified the mens rea for murder as intention to kill or seriously injure another person. The prosecution must prove beyond reasonable doubt: 1 a base offence with 25 years' imprisonment or more; and that 2 the act causing death occurred in attempt, during, or immediately after this base offence. So, where assault—the predicate felony—causes death, it will almost never qualify as the basis for a felony murder conviction. Citizens kill intruders without committing a crime. There are two schools of thought concerning whose actions can cause the defendant to be guilty of felony murder.

Under the felony murder rule, however, a defendant can be convicted of murder even if the defendant did not act with intent or a reckless indifference; the prosecution must show only that the defendant participated in a felony where fatalities occurred. It lists the felonies that can form the basis for a felony murder charge in a prosecution by the U.

There are two schools of thought concerning whose actions can cause the defendant to be guilty of felony murder. History[ edit ] While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner.

And, for a killing to be a murder, there typically has to be either an intent to kill, or, at minimum, conduct so reckless that it is punishable as murder.

Justia Criminal Law Types of Criminal Offenses Homicide Felony Murder Felony Murder The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer.

types of murders

In Enmund v. People are often confused by the terms homicide, murder and manslaughter.

What is felony murder? how does it differ from other forms of murder?

However, the Scots equivalent of "Joint Enterprise" known as "Art and Part" also has a similar effect. In Enmund v. The modern conception of the felony murder rule arose in , with William Hawkins' Treatise of Pleas of the Crown , during his work on English criminal law. Another way of putting it is this: The predicate felony must be separate from the act that proximately causes the death. However, merger may not apply when an assault against one person results in the death of a different person. The Model Penal Code lists robbery , rape or forcible deviant sexual intercourse , arson , burglary , and felonious escape as predicate felonies upon which a charge of felony murder can be maintained. Many Western countries have abolished the doctrine. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death. The rule is usually limited to felonies that are inherently or foreseeably dangerous to human life, such as arson, rape, robbery, and burglary. Ireland[ edit ] The rule was abolished in the Republic of Ireland by section 4 of the Criminal Justice Act which codified the mens rea for murder as intention to kill or seriously injure another person.

Typically, it does not require an intent to kill, but rather than the intent to do something else.

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Felony murder rule