Ex. Larceny with assault with deadly weapon. Usually limitation doesn’t apply if felony is independent felonious act. Deterrence is more impt. Than fairness. Ex. D kills V during armed robber. Robbery included assault with deadly weapon, the independent felonious purpose was to obtain V’s property. So this robbery part is independent- can use Felony Murder rule. Because want to deter. Causation Limitation 1. There must be causal connection bt/ felony and harm. Killing by a Non Felon Limitation 1. Ex. 4 ppl robbing restaurant. Off duty officer kills two. Can the last two be convicted of felony murder? Literal- yes. No because felon can’t Deterrence- control others actions (bystanders or cops) Agency Approach- felon is only responsible for homicides committed in furtherance of the felony by person acting as his agent. Proximate Cause test- Minority – Felon responsible for killing by a non felon if felon was proximate cause of the killing (foreseeable). Felonies- Robbery, Rape, Arson, 1. Premeditation: Some Felonies: Robbery, Rape, Deviate Burglary. Anything that wasn’t a felony j(x) say no time is too short Sexual Intercourse by was a misdemeanor. to premeditate- intent to Force/Threat of Force, Arson, kill only required for an Burglary, Kidnapping, Felonious instant. Others say more escape. (210.2 b). than a blink of an eye. 2. Critique- if instant is premeditation then every intentional killing is premeditated homicide. 3. Criteria for premeditation and deliberation as first degree murder: Lack of provocation by the deceased
Ex. Larceny with assault with deadly weapon. Usually limitation doesn’t apply if felony is independent felonious act. Deterrence is more impt. Than fairness. Ex. D kills V during armed robber. Robbery included assault with deadly weapon, the independent felonious purpose was to obtain V’s property. So this robbery part is independent- can use Felony Murder rule. Because want to deter. Causation Limitation 1. There must be causal connection bt/ felony and harm. Killing by a Non Felon Limitation 1. Ex. 4 ppl robbing restaurant. Off duty officer kills two. Can the last two be convicted of felony murder? Literal- yes. Deterrence- No because felon can’t control others actions (bystanders or cops) Agency Approach- felon is only responsible for homicides committed in furtherance of the felony by person acting as his agent. Proximate Cause test- Minority – Felon responsible for killing by a non felon if felon was proximate cause of the killing (foreseeable). Felonies- Robbery, Rape, Arson, Burglary. Anything that wasn’t a felony was a misdemeanor. 1. Premeditation: Some j(x) say no time is too short to premeditate- intent to kill only required for an instant. Others say more than a blink of an eye. 2. Critique- if instant is premeditation then every intentional killing is premeditated homicide. 3. Criteria for premeditation and deliberation as first degree murder: Lack of provocation by the deceased Felonies: Robbery, Rape, Deviate Sexual Intercourse by Force/Threat of Force, Arson, Burglary, Kidnapping, Felonious escape. (210.2 b).
duncancrimlaw2012.docx