felony murder rule | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction / Criminal Law

The Felony Murder Rule is a common law doctrine meaning that when a person caused the death of another person during the commission of a felony, then the actor was guilty of murder, regardless of the intent to kill.


The Felony Murder Rule is a legal doctrine that has been used in criminal law for centuries. This rule holds that a person who causes the death of another person while committing a felony is guilty of murder, even if they did not have the intent to kill. This rule is based on the idea that the commission of certain serious felonies, such as armed robbery or burglary, poses such a danger to human life that anyone who engages in such conduct must be held strictly liable for any deaths that result.

The rule has been the subject of much controversy over the years, particularly in cases where the defendant did not actually cause the death of the victim. In some cases, defendants have been found guilty of murder under the rule even when the victim was killed by someone else or when the death was caused by a third party. Critics of the rule argue that it is unjust to hold someone responsible for the actions of others, particularly in cases where the defendant did not intend to cause harm.

The Model Penal Code, which was developed in the 1960s, provides a more modern interpretation of the Felony Murder Rule. Under the Model Penal Code, the rule only applies when the death was caused by the defendant or an accomplice and only if the death was a foreseeable consequence of the felony. This means that a defendant who committed a felony could only be charged with murder if they or an accomplice actually caused the death and if the death was a foreseeable consequence of the felony.

The Model Penal Code also recognizes the concept of “merger,” which means that some felonies may merge with the homicide, making it impossible to charge the defendant with both the felony and the murder. For example, if a defendant committed a burglary and killed someone during the commission of the burglary, they could not be charged with both burglary and murder under the merger rule.

The modern interpretation of the Felony Murder Rule provides a more nuanced approach to the doctrine, recognizing that strict liability for all deaths that occur during the commission of a felony may not always be fair or just. Instead, the rule focuses on whether the defendant or an accomplice caused the death and whether the death was a foreseeable consequence of the felony. This approach allows for more individualized justice, taking into account the specific circumstances of each case.

The Felony Murder Rule has been a controversial doctrine in criminal law for many years. While it is still used in some jurisdictions, the Model Penal Code provides a more modern interpretation of the rule that takes into account the specific circumstances of each case. Under this approach, defendants can only be charged with murder if they or an accomplice actually caused the death, and if the death was a foreseeable consequence of the felony. This allows for a more nuanced approach to the doctrine, providing more individualized justice in cases where a death occurs during the commission of a felony.


Learn More

On This Site


[ Glossary ]

Last Modified: 04/10/2023

 

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.