Felony Murder Rule

Question 1

What is the Felony murder rule?

Answer 1

Any death caused in the commission of, or in an attempt to commit, a felony is murder.

Question 2

How does the merger doctrine apply to felony murder?

Answer 2

Under the merger doctrine, the underlying felony for felony murder must be distinct from
the killing itself; it cannot be a felony that requires bodily harm or the threat of bodily
harm.

Question 3

Must the death, under felony murder, be foreseeable?

Answer 3

Yes, the death must have been a foreseeable result of the felony.

Question 4

How does an actor’s “immediate flight” factor into felony murder?

Answer 4

The death must have been caused before the defendant’s “immediate flight” from when the felony ended.