Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

felony murder doctrine

Read a random definition: pound-breach

A quick definition of felony murder doctrine:

The felony murder doctrine is a rule in criminal law that says if someone commits a serious crime and someone dies as a result, they can be charged with murder even if they didn't mean to kill anyone. For example, if someone tries to rob a store and accidentally shoots and kills someone, they can be charged with murder. However, there are some rules that limit when this can be applied. The crime that caused the death has to be really dangerous, and it can't be something that's already part of the murder charge.

A more thorough explanation:

The felony murder doctrine is a legal principle that allows a court to convict a defendant of murder if they committed a felony that unintentionally resulted in a killing.

For example, in the case of People v. Hernandez, two men attempted to rob an undercover officer who was a potential purchaser of drugs. In the ensuing gunfight, the officer was killed. The court applied the felony murder doctrine to convict the two men of murder, even though they did not intend to kill the officer.

However, there are limitations to the application of the felony murder doctrine. One limitation is the merger doctrine, which prevents the application of the doctrine if the underlying felony merges into the murder. For instance, in the case of People v. Sarun Chun, the court disallowed the felony murder doctrine because the underlying felony, a drive-by shooting, was assaultive in nature.

Another limitation is that the underlying felony must be inherently dangerous to human life. In the case of People v. Howard, the court denied the application of the felony murder doctrine to a defendant whose reckless driving resulted in a death because the state criminal statute prohibiting the defendant's manner of driving was not inherently dangerous to human life.

In summary, the felony murder doctrine allows a court to convict a defendant of murder if they committed a felony that unintentionally resulted in a killing. However, there are limitations to its application, such as the merger doctrine and the requirement that the underlying felony be inherently dangerous to human life.

felony | felony murder rule

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
snow
20:31
I agree with dk ^
madollyy
20:31
Got it, thank you. I don't think there is much I can do for my GPA now since I only have 1 semester left for ug but I definitely will be studying my butt off for the LSAT.
Dkk
20:32
Nice!
madollyy
20:32
I really appreciate your advice, guys <3 Wishing you luck on your endeavors!
JumpySubsequentDolphin
20:32
@madollyy: is that your CAS GPA?
madollyy
20:33
That's what's on my transcript! I haven't done that one yet tbh. I get mostly A's, some B's. Got dragged down a bit too much from one D in my first semester though ><
JumpySubsequentDolphin
20:34
do you have any A+’s? that could help your gpa!
JumpySubsequentDolphin
20:36
bc LSAC recalculates A+ to 4.3
madollyy
20:39
Noo :( Unfortunately. I'm surprised that I don't, there were definitely some classes that I remember scoring 98-100% but it doesn't show on my transcript
madollyy
20:41
Acutally
madollyy
20:41
My university does not list A+
JumpySubsequentDolphin
20:42
yeah my university’s the same way, so frustrating! still a great GPA and with a killer LSAT score you’ll be good to go :)
JumpySubsequentDolphin
20:42
if you have the means, I’ve heard private tutoring is the way to go
madollyy
20:44
Fingers crossed! I mean I'd be so so glad to go to law school period, but I am a bit of an overachiever. Dream is Berkeley rn, but I'm of course happy to go anywhere that lines up with my plans. And is kind enough with scholarships lol
madollyy
20:44
I'll have to see if my parents are willing to support that. I'm living on my own but ik if it'd help me they'd be willing to help
JumpySubsequentDolphin
20:47
who knows, you might not even need a tutor! Take a diagnostic and see where you stand :)
Dkk
21:03
@madollyy: yeah that happend to me too with my community college transcript. You can try calling to see if they can alter your transcript but like mine would not do it.
Dkk
21:04
Ask @babycat to tutor you @madollyy
cat food is expensive tho
21:09
I HOPW THAT ISNT REAL
@JumpySubsequentDolphin: I would push back on this. I think for the vast majority of people LSAT tutoring is unnecessary.
21:09
oh its from nov 12 phew
21:09
i was about to have a heart attack
21:09
at the berk decision lmao
@madollyy: I focus on bringing your GPA up as much as possible in the last semester because once you graduate you cannot change that. So don't study for the LSAT next semester if you think that would impair your ability to get straight A's. As for LSAT studying, I would recommend LSAT Demon (ik controversial), the Loophole, and Reading Comp Hero.
*I would focus
JumpySubsequentDolphin
21:11
@texaslawhopefully: oh I’m not sure hahaha im just basing off of my friend who got a tutor bc she was rly struggling and it seemed like it helped her!
Yeah, that's fair! For some people it can help a lot. I'm just saying in general I don't think it is necessary unless you are trying to finetune a very specific area (or get to the high 170s because that is another thing in and of itself) OR are just terrible at the test. I tutor the test and I find that most people can improve just as much through self-study.
JumpySubsequentDolphin
21:13
that makes sense for sure
JumpySubsequentDolphin
21:13
i think for her it was a lack of discipline more than anything else tbh. she could not get herself to meaningfully study on her own
LSD+ is ad-free, with DMs, discounts, case briefs & more.