Felony Murder
Felony Murder is a legal doctrine in criminal law that allows a person to be charged with murder even if they did not personally kill anyone, so long as a death occurred during the commission or attempted commission of certain felonies.
General Definition
Felony murder is a rule that makes all participants in a specified felony (such as robbery, burglary, arson, kidnapping, rape, etc.) criminally liable for a killing that happens during the felony, regardless of intent to kill.
Key Elements
1. The defendant was committing or attempting to commit a felony.
2. A death occurred during the felony or in immediate flight from it.
3. The death is legally connected to the felony (often described as occurring “in furtherance of” or “during the course of” the felony).
4. Intent to kill is not required.
Examples
1. If two people rob a store and one robber-or even a third party like a bystander or police officer-shoots and kills someone during the robbery, both robbers can be charged with felony murder.
2. Bob and Tom are best friends; both in their mid-twenties. One morning Bob asks Tom if he could borrow his car-keys; he has some important appointments and his car will not start. Naturally, Tom lends his car-keys to Bob.
* Bob, and three other men that Tom has never met, rob a store. During the robbery the store owner is shot and dies.
* Tom did not take part in the planning of the robbery, was not at the crime scene, and had never been a customer in the store.
* Tom was charged with Felony Murder and is currently serving a 55 year prison sentence.
NO COMMON SENSE
ANALYZE THE EXAMPLE
* Which supports and barriers were in play?
* What were the dynamics?
* Who, or what, won the Tug-of-War?
* Discuss the outcome with your friends and family.
* Use Post #4 as a reference for the relationships and dynamics between the supports and barriers.
