Underlying felony must be dangerous Individual act is inherently dangerous People v. Phillips Facts of the case Defendant convinced plaintiffs that he could cure their daughter’s eye cancer without surgery; the daughter eventually died from the cancer Defendant charged an advance fee of $500 as well as $200 for pills, etc Charge = 2nd Degree Murder Based on a felony murder rationale (felony was grand theft) Holding: The felony murder rule does NOT In order to apply, the felony must be inherently dangerous Elements-based analysis It doesn’t matter that the overall situation (doctor providing insufficient care) was dangerous Merger: The felony/“inherently dangerous” act cannot be part of the act of killing Paradox: The more dangerous the felony, the more likely it is to count towards the felony murder rule; but if the felony is dangerous it is more likely to be the cause of the death, creating a situation where the felony murder ALSO won’t apply “merger” People v. Smith Charge = 2nd Degree Murder Felony murder based on child abuse Merger Since the felony (child abuse) caused the death, the two crimes merge and the felony murder rule can’t be used INCHOATE CRIMES Attempts Definition: Failure to commit a crime that the defendant attempted to commit MPC Definition of Attempt (majority approach) The defendant must have purposely engaged in the conduct that would constitute the crime Requires the same mens rea as the actual crime (for conduct crimes) Requires the same purpose as the actual crime (for result crimes) Punishment is the same penalty as the offense Common Law approach Must have specific intent, regardless of mens rea Punishment is usually ½ the penalty of the offense Common Law Actus Reus proximity” “Dangerous
Underlying felony must be dangerous Individual act is inherently dangerous People v. Phillips Facts of the case Defendant convinced plaintiffs that he could cure their daughter’s eye cancer without surgery; the daughter eventually died from the cancer Defendant charged an advance fee of $500 as well as $200 for pills, etc Charge = 2nd Degree Murder Based on a felony murder rationale (felony was grand theft) Holding: The felony murder rule does NOT In order to apply, the felony must be inherently dangerous Elements-based analysis It doesn’t matter that the overall situation (doctor providing insufficient care) was dangerous Merger: The felony/“inherently dangerous” act cannot be part of the act of killing Paradox: The more dangerous the felony, the more likely it is to count towards the felony murder rule; but if the felony is dangerous it is more likely to be the cause of the death, creating a “merger” situation where the felony murder ALSO won’t apply People v. Smith Charge = 2nd Degree Murder Felony murder based on child abuse Merger Since the felony (child abuse) caused the death, the two crimes merge and the felony murder rule can’t be used INCHOATE CRIMES Attempts Definition: Failure to commit a crime that the defendant attempted to commit MPC Definition of Attempt (majority approach) The defendant must have purposely engaged in the conduct that would constitute the crime Requires the same mens rea as the actual crime (for conduct crimes) Requires the same purpose as the actual crime (for result crimes) Punishment is the same penalty as the offense Common Law approach Must have specific intent, regardless of mens rea Punishment is usually ½ the penalty of the offense Common Law Actus Reus “Dangerous proximity”
Crim%20Outline%20-%20Braman%20Fall%202012.docx