Felony Murder Rule

The felony murder rule is one of the most controversial doctrines in criminal law. It provides that a defendant who causes a death during the commission or attempted commission of a dangerous felony is guilty of murder, even without any intent to kill, knowledge that death would result, or reckless indifference to human life. The rule essentially transfers the mens rea from the underlying felony to the homicide.

The rationale for the rule is deterrence — it discourages people from committing dangerous felonies by imposing the most severe punishment if anyone dies during the commission of the crime. Critics argue that the rule is unjust because it punishes defendants for homicide without the culpable mental state that normally distinguishes murder from lesser crimes.

Several limiting doctrines constrain the felony murder rule. The inherently dangerous felony limitation restricts the rule to felonies that are inherently dangerous to human life. Some jurisdictions evaluate dangerousness in the abstract (whether the felony, by its very nature, cannot be committed without creating a substantial risk of death), while others evaluate it based on the facts of the particular case.

The merger doctrine (also called the independent felony requirement) prevents the felony murder rule from being applied when the underlying felony is an integral part of the homicide itself. For example, assault cannot serve as the predicate felony for felony murder because it "merges" with the homicide — otherwise, every assault resulting in death would be murder, effectively eliminating manslaughter.

The agency theory limits liability to deaths caused by one of the felons or their agents, excluding deaths caused by third parties (such as police officers or bystanders). Under the opposing proximate cause theory, adopted by a minority of jurisdictions, the defendant is liable for any death that is a foreseeable consequence of the felony, regardless of who directly caused it.

On criminal law exams, felony murder requires students to identify the underlying felony, apply limiting doctrines, and determine which participants are liable.