Similarly, the substituted culpability rationale seems insufficient to justify the felony murder doctrine by itself.
584, 598 (1977) (plurality opinion); see JEREMY BENTHAM, AN INTRODUCTION TO THE PRINCIPLES OF MORALS AND LEGISLATION 321-25 (1907) (discussing harm and culpability as the components of desert); David Crump & Susan Waite Crump, In Defense of the Felony Murder Doctrine, 8 HARV.
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.
justifications of the felony murder doctrine. The first section
felony murder doctrine as all felonies traditionally meant capital
The Supreme Court previously considered the felony murder doctrine
The fact is that the California Penal Code does not contain the term "felony murder," much less "second degree felony murder." The only reference to the felony murder doctrine is Section 189's specification that only murder committed in the perpetration or attempted perpetration of enumerated felonies is murder of the first degree.
Since implied malice is concerned with the conscious creation of homicidal risks, how did the Court conclude that the term includes the second degree felony murder doctrine? By relying on a cryptic note by the commissioners who drafted the 1872 penal code and an early case of dubious authority.
(57) Roth & Sundby, supra note 43, at 457-58; see also David Crump & Susan Waite Crump, In Defense of the Felony Murder Doctrine
, 8 HARV.
The felony murder doctrine has long been a target for detractors.
good and bad versions of the felony murder doctrine.
(74) See DRESSLER, supra note 65, [section] 31.06[B] , at 517-18 (explaining that proponents justify the rule as "[r]eaffirming the sanctity of human life"); David Crump & Susan Waite Crump, In Defense of the Felony Murder Doctrine
, 8 HARV.