Criminal Law

Felony Murder Rule

Definition

The felony murder rule imposes murder liability on a defendant who causes a death during the commission or attempted commission of a dangerous felony, regardless of intent to kill. The rule eliminates the need to prove malice aforethought. The inherently dangerous felony limitation requires that the underlying felony be dangerous to human life. Many jurisdictions limit the rule with the merger doctrine (the underlying felony must be independent of the homicidal act) and an agency theory (the killing must be committed by one of the felons).

Example

During an armed robbery, one of the robbers accidentally shoots and kills a bystander. Under the felony murder rule, all participants are guilty of murder even though the killing was unintentional.

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