Felony murder
Felony murder is a legal doctrine that allows individuals to be charged with first-degree murder for a killing that occurs during the commission of a dangerous felony, regardless of their involvement in the actual act of killing or any intent to cause death. Common felonies that trigger this rule include robbery, burglary, and arson. For example, if a robbery takes place and an accomplice shoots a victim, all parties involved can be held liable for murder, even if they did not directly commit the act. The felony murder rule is contentious; critics argue it can result in severe penalties for those who may not have intended harm, while supporters contend it serves as a deterrent against violent crimes during felonious activities.
This rule is present in over forty states and is rooted in common law, though its application can vary significantly. Punishments under felony murder can range from several years to life in prison. Important legal distinctions exist, such as the requirement that the felony and the killing must be separate crimes for felony murder to apply. The doctrine has led to high-profile cases that raise ethical questions about equitable punishment for those involved in criminal activities. Overall, the felony murder rule continues to provoke debate about justice and accountability in the legal system.
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Felony murder
Felony murder is a rule of law that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony—even if the defendant is not responsible for the killing or did not have a premeditated intent to kill. Most states consider robbery, rape, burglary, kidnapping, and arson to be dangerous felonies. According to the felony-murder rule, if Joe and Judy rob a convenience store and Judy shoots and kills the clerk, Joe can be charged with first-degree murder even though he was not responsible for the killing, did not want Judy to kill the clerk, and was not carrying a gun. The felony-murder rule is controversial; in regular homicide cases, a defendant is only convicted of first-degree murder if the prosecution shows that he or she intended to kill or acted recklessly without regard for human life. More than forty US states have some version of the felony-murder rule, as does the federal law.
Introduction
Nearly every state in the United States has some version of the felony-murder rule. While these versions vary slightly, they consider a felony murder to be a killing committed during a dangerous felony, such as a robbery or burglary. According to the felony-murder rule, all individuals involved in the felony are guilty of the killing even if they did not commit the act. The rule is controversial because someone who did not commit murder or did not know that a murder would be committed can be charged with first-degree murder and sentenced to life in prison. However, those in favor of the felony-murder rule feel it deters criminals from killing or allowing an accomplice to kill while committing a serious crime. A felony-murder rule also prevents a defendant from claiming a gun accidentally went off because intent to kill is not a consideration under the rule.
The reach of the felony-murder rule can be broad, depending on the state. In general, if three individuals break into a house and one shoots and kills the homeowner, the shooter and the two accomplices can be charged with first-degree murder. However, what if one accomplice was simply the lookout and did not even enter the house? Whether he or she is charged with murder depends on the state—and in many states, the accomplice would be charged with murder. Some states even go so far as to apply the rule when an accomplice dies. In these states, if three individuals break into a house and the homeowner shoots and kills one of them, the other two may be charged with first-degree murder.
The punishment for a felony murder ranges from a few years to life in prison to death. It is not uncommon for a defendant in a felony-murder case to receive a life sentence since he or she has been charged with first-degree murder. The US Supreme Court has imposed additional restrictions as to whether an individual convicted of felony murder can be sentenced to death. In some cases, the Supreme Court has ruled that a defendant not involved in the killing, or who played a minor role in the felony, cannot be sentenced to death.
The felony-murder rule only applies if the felony and the killing are separate crimes; a defendant cannot be charged with felony murder if the murder and the felony "merge" into one crime. For example, all homicides require an assault of some kind, so a killing resulting from an assault is not a felony murder. In such a case, the defendant might be charged with first- or second-degree murder or manslaughter. However, if an arsonist burns down a vacant house and the fire spreads to the house next door and kills an occupant, the arsonist can be charged with felony murder because the arson is a felony separate from the killing.
Impact
The felony-murder rule most likely originated in English common law (although England abolished it in 1957). It has existed in the United States since the nineteenth century. Its application has had consequences that many perceive as unfair. Perhaps the most famous case has been dubbed the "Elkhart Four."
In 2012, four teenage boys and a twenty-one-year-old friend, Danzele Johnson, broke into a home in Elkhart County, Indiana. They thought the house was vacant and were unaware that the homeowner was upstairs asleep and armed. The homeowner was awakened when he heard the group break down the back door. He shot and killed Johnson and wounded one of the teens.
Because of the felony-murder rule, the four teens were sentenced to up to fifty-five years in prison for Johnson's murder. However, the Indiana Supreme Court overturned the convictions of three of the teenagers because it concluded that there was nothing about their conduct that was the immediate cause of their friend's death. The fourth teen pleaded guilty and had filed a separate appeal.
In an earlier case in 1993, seventeen-year-old Brandon Hein and some friends were drinking alcohol and driving around their Los Angeles neighborhood. They stopped at a park and stole a wallet from a car, but the wallet was empty. They drove off in search of marijuana. They stopped at the home of a neighborhood drug dealer, Mike McLoren, who was also a teenager. McLoren sold marijuana from a shed in his mother's backyard. His friend, fifteen-year-old Jimmy Farris, was with him.
Hein, eighteen-year-old Jason Holland, and Holland's fifteen-year-old brother, Micah, headed for McLoren's shed. Micah and McLoren argued and then engaged in a fistfight. Hein and Jason tried to pull the much larger McLoren off Micah. When they were unable to do so, Jason pulled out a knife and stabbed McLoren and then Farris. McLoren recovered, but Farris died.
The teens were charged with felony murder because authorities believed they had intended to steal the marijuana. Jason and Hein were convicted of murder and received life without parole. Micah was also convicted of murder and received twenty-nine years to life. A fourth teen, seventeen-year-old Anthony Miliotti, received life without the possibility of parole even though he did not engage in the fight. McLoren was never prosecuted for selling drugs. In 2001, Miliotti's murder conviction was reduced. In 2009, Hein's sentence was reduced to twenty-nine years to life. As of 2016, the Holland brothers and Hein remained in prison. The case has led many to wonder if it is right to punish someone who intended to rob as severely as someone who has killed.
Bibliography
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