The felony murder rule makes a killing that occurs during the commission of a felony into murder, without the prosecution having to prove the mental state murder would otherwise require. The intent to commit the felony supplies the culpability. The rule is old, harshly criticized, and abolished or narrowed in many places, but it still appears in most first year courses because the limitations on it are where the real analysis happens.
Rule
- The base felony. Traditionally any felony, now usually restricted by statute to a list such as burglary, arson, rape, robbery and kidnapping.
- Inherently dangerous. Many states limit the rule to felonies that are inherently dangerous, judged either in the abstract or on the facts of the case.
- Merger. The felony must have an independent felonious purpose, so an assault that is simply the killing itself cannot serve as the predicate.
- Causation and time. The death must be caused by the felony and occur during its commission, including immediate flight, until the felons reach a place of temporary safety.
- Who does the killing. Under the agency theory the killer must be a felon or an accomplice. Under the broader proximate cause theory, a death foreseeably resulting from the felony can count even where a victim or police officer fired the shot.
Leading cases
- People v. Stamp: a robbery victim who died of a heart attack during the robbery supported a felony murder conviction, because the felons took the victim as they found him.
- People v. Phillips: California limited the doctrine to felonies that are inherently dangerous to human life, assessed in the abstract rather than on the particular facts.
- State v. Canola: applying the agency theory, the court held the felons were not liable for the death of a co-felon shot by the victim.
Where students go wrong
The first mistake is stopping once a felony and a death are on the facts. The limitations do the work, so run inherently dangerous, merger, causation, the duration of the felony, and who fired.
The second is forgetting to test the other homicide theories. Depraved heart murder and intentional murder often reach the same defendant on the same facts, and a strong answer argues them in the alternative.
The third is ignoring the split on the agency and proximate cause theories. The answer changes with the jurisdiction, so name the theory you are applying.
FAQ
Does felony murder require an intent to kill?
No. That is the point of the rule. The intent to commit the underlying felony substitutes for the mental state murder would ordinarily require.
What is the merger doctrine?
The rule that a felony which is really just the assault that caused the death cannot be the predicate, because otherwise every killing would become felony murder.
Are accomplices liable for a killing they did not commit?
Often yes. A co-felon can be liable for a death caused by a confederate during the felony, subject to the jurisdiction's theory and its rules on the scope of the joint enterprise.
Related terms
Working through this in your own casebook takes longer than reading it here. Syllume starts from your syllabus and turns each assigned case into a brief you can study from.