Almost all states have a felony murder rule
. About half of those, Illinois included, allow co-conspirators to be charged with the deaths of their accomplices at the hands of someone else.
Rodriguez was booked into the Wagoner County Jail without bail on three charges of first-degree murder under the state's felony murder rule
. In Oklahoma, a defendant who was involved in the commission of a felony can be charged with murder for any deaths that occur during the felony, even if the defendant was not directly responsible for the death.
These decisions restrict capital punishment of accomplices in fatal felonies to those whose mental states would suffice for murder liability without the felony murder rule
. Such accomplices have the culpability required for ordinary murder, plus an additional culpable mental state: a purpose to commit a very grave felony.
Because Kane confessed to burglarizing the house--a felony--Kane was found guilty of two counts of first-degree murder under the "felony murder rule
The ones who were in the vehicle with Robert "LaVoy" Finicum may face murder charges, as they've run afoul of the Felony Murder Rule
- if someone is killed during commission of a felony, all the people involved can be charged with felony murder.
Common purpose complicity operated independently of the felony murder rule
, (452) but many of the old common purpose cases also rested on constructive malice where the authorized collateral act had unintended consequences.
(3) Among the most prominent of America's legal eccentricities is its continued use of the felony murder rule
. It casts a broad shadow over America's criminal justice system by drastically increasing the punishment for criminal activity that is often less culpable than other offenses not prosecuted under the felony murder rule
In order to fully comprehend the felony murder rule
Trotto of first-degree murder under the so-called felony murder rule
. In so doing, the jury found that the killing occurred during the commission of an aggravated kidnapping, a felony punishable by up the life behind bars.
"The felony murder rule
punishes all homicides committed in the perpetration of a felony whether the death is intentional, unintentional or accidental, without the necessity of proving the relation of the perpetrator's state of mind to the homicide." See Kealy, supra note 10, at 237.
(138) Utilitarians assert that the felony murder rule
produces two main deterrent effects: (1) it deters potential criminals from committing felonies, (139) and (2) it encourages those who commit felonies to be careful.
This article examines the California Supreme Court's major encounters with the felony murder rule
. In its unvarnished version, this rule allows a prosecutor to convict a defendant of murder without having to prove the mental states of murder as defined in the California Penal Code.