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The inherently dangerous felony approach is the most popular limitation on the rule. [10] It is further divided into two subtypes. The majority of jurisdictions using this limitation look at whether the felony was inherently dangerous by looking at the facts of the case before the court, i.e. "based on the manner in which the felony was committed."
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Felony murder can also be prosecuted for felonies not in this list, provided the felony is “inherently dangerous”. Whether a felony is inherently dangerous or not is done on a case-by-case basis and is found by the jury. Felonies that are inherently dangerous but not included in the above list are punished under PC 187, second degree murder.
Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.
The statute defines first degree murder as, among other things, homicide in the commission of, attempt to commit, or escape from an inherently dangerous felony. Inherently dangerous felonies are defined in K.S.A. 21-3436 and include armed robbery, arson, and aggravated burglary. [2] A felony murder conviction in Kansas carries a mandatory life ...
Prisons are inherently dangerous places, the 8th Circuit concluded in his case, and "inmates bent on assaulting other inmates will use even the most harmless objects as weapons."
Second Degree Murder (inherently dangerous act or by unlawful distribution of certain illicit substances) Maximum of 484 months (sentence without criminal record is 94 to 196 months) Second Degree Murder Maximum of life without parole (sentence without criminal record is 144 to 300 months) First Degree Murder
40 criminal counts in the classified documents case, including: • Willful retention of national defense information • Conspiracy to obstruct justice • Withholding of a document or record