Legal Definitions - felony murder rule

The felony murder rule is a legal principle that allows individuals to be charged with murder if a death occurs during the commission of certain serious crimes, known as felonies, even if they did not intend to kill anyone or directly cause the death. The rule holds all participants in the felony accountable for any death that results from their criminal activity, recognizing that engaging in dangerous felonies carries an inherent risk of harm.

Typically, the felony murder rule applies to inherently dangerous felonies such as robbery, burglary, arson, rape, and kidnapping. However, the specific list of felonies that trigger this rule can vary significantly by state. Some jurisdictions may apply it more broadly, while others restrict its use.

An important limitation is the merger doctrine. This doctrine prevents the felony murder rule from applying when the underlying felony is an assaultive crime that is an integral part of the homicide itself. In such cases, the felony is considered to "merge" into the murder charge, and prosecutors must prove intent to kill or other elements of traditional murder, rather than relying on the felony murder rule.

There are also exceptions to the felony murder rule in some states:

• Some jurisdictions do not apply the rule to co-felons who neither intended nor knew that a death was likely to occur during the felony.
• Another exception, sometimes called the "innocent co-felon" or "agency" exception, may prevent the rule's application if the person who dies is one of the perpetrators of the felony, especially if killed by a third party (like a victim or police officer).

The penalties for felony murder can be severe, potentially including life imprisonment or, in some states, the death penalty. However, the U.S. Supreme Court has placed limitations on applying the death penalty for felony murder, generally reserving it for individuals who either intended to kill, acted with reckless indifference to human life, or played a major role in the felony that led to the death.

Examples of the Felony Murder Rule:

• Example 1: Robbery Gone Wrong

  Imagine two individuals, Mark and Lisa, plan and execute a bank robbery. Mark acts as the lookout outside while Lisa enters the bank, brandishing a weapon and demanding money. During the robbery, a bank teller, startled by Lisa's sudden appearance, suffers a heart attack and dies at the scene. Under the felony murder rule, both Mark and Lisa could be charged with murder. Even though Mark was outside and Lisa did not intend for the teller to die, the death occurred as a direct consequence of their joint participation in a dangerous felony (robbery).

• Example 2: Arson and Unforeseen Consequences

  Sarah sets fire to her failing business to collect insurance money, believing the building to be empty. Unbeknownst to her, a homeless person had sought shelter in the back room and was asleep. The individual tragically perishes in the blaze. Sarah could be charged with felony murder. Her intent was to commit arson for financial gain, not to kill anyone. However, because a death occurred during the commission of the felony of arson, she is held responsible for murder under this rule.

• Example 3: Burglary Leading to Accidental Death

  David breaks into a seemingly vacant house late at night to steal valuables. As he is rummaging through a bedroom, he accidentally knocks over a heavy antique lamp, which falls onto the head of the homeowner's elderly relative who was visiting and sleeping soundly in the room, causing a fatal injury. David had no idea anyone was home and certainly did not intend to harm anyone. Nevertheless, because a death occurred during the commission of the felony of burglary, David could face felony murder charges.