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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.
Most jurisdictions in the United States of America maintain the felony murder rule. [1] In essence, the felony murder rule states that when an offender kills (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.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder [1] are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such ...
Further, a recent study by Kat Albrecht, a criminology professor at Georgia State University, found that 81.3% of people sentenced under the felony murder rule in Cook County, Illinois are Black ...
A little-known legal theory allows prosecutors to file murder charges against people who are unarmed or not even at the scene when police officers kill somebody.View Entire Post ›
In 2006, the Iowa Supreme Court ordered a new trial after determining prosecutors incorrectly applied Iowa's felony-murder rule. He had served four years in the state's prison system.
Tison v. Arizona, 481 U.S. 137 (1987), is a United States Supreme Court case in which the Court qualified the rule it set forth in Enmund v. Florida (1982). Just as in Enmund, in Tison the Court applied the proportionality principle to conclude that the death penalty was an appropriate punishment for a felony murderer who was a major participant in the underlying felony and exhibited a ...
People v. Aaron, 299 N.W.2d 304 (1980), was a case decided by the Michigan Supreme Court that abandoned the felony-murder rule in that state. [1] The court reasoned that the rule should only be used in grading a murder as either first or second degree, and that the automatic assignment of the mens rea of the felony as sufficient for the mens rea of first degree murder was indefensible.