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Flashcards in Page 17 Deck (39):
0

How is malice involved in the felony murder rule?

It is implied because the felony murder rule is a substitute for a mental state

1

How is transferred or constructive intent related to the felony murder rule?

The intent to commit a felony is transferred to the act of killing in order to find culpability for homicide

2

How Should you always refer to the felony murder rule?

Murder based on felony murder rule, not guilty of felony murder

3

Is the defense of duress available for homicides?

Usually no

4

How is the defense of duress applicable to felony murder?

Any defense to the underlying felony becomes a defense to the murder as well

5

If you were forced by duress to commit a robbery, and a death occurred during the course of the robbery, is there any way that you would have a defense?

You would have a defense to the robbery, which is what triggered the felony murder, so it is therefore a defense to murder

6

What are the elements of felony murder?

• killing
• during the commission of
• an inherently dangerous act
• that is an independent felony
• The killing was in furtherance of the felony

7

What Are the two approaches to inherently dangerous crime for the felony murder rule?

A) dangerous by definition
B) dangerous by manner of commission

8

What is it mean for a crime to be dangerous by definition for the felony murder rule?

One that by definition involves force and fear to put someone in personal peril (BARRK)

9

What are felonies that are not inherently dangerous?

Those that can be committed without creating a risk to human life

10

What are the BARRK felonies?

Burglary, arson, rape, robbery, kidnapping

11

What does it Mean for a crime to be dangerous by manner of commission for the felony murder rule?

The felony is committed in a way that risk the lives and safety of individuals

12

If a person pretends to be a Dr. selling a cure for cancer that doesn't work, and the victim dies, what can that person be charged with?

Felony murder because false pretenses were committed in such a deadly manner that it allows the liability

13

Where is the majority approach to inherently dangerous felonies for felony murder?

Includes both felonies that are dangerous by definition and manner of commission

14

What is the minority approach to inherently dangerous felonies for the felony murder rule?

The rule is only applicable to inherently dangerous felonies

15

If you rob a store and the owner has a heart attack from the stress, does felony murder apply?

Yes, because even though you didn't intend to kill him, robbery is an inherently dangerous felony (CL approach)

16

When does the felony murder rule begin?

When the felons have gone far enough to be guilty of attempt when caught

17

If you go to a liquor store to rob it, point your gun in the air and pull the trigger, the bullet hits a lamp that falls and kills someone, and you get scared and run away, is that enough for attempted robbery/felony murder?

Yes

18

When Does the felony murder timeline end?

When the felons believe they have reached a place of apparent safety

19

If you set fire to a building and a homeless person dies when he tries to warm himself on the coals of the flareup, are you guilty of felony murder?

If the building is still burning, that counts as in commission of the felony, so yes

20

What is the collateral felony rule?

Underlying felony must be independent of the homicide and involve conduct that is separate from the acts of personal violence that are a necessary part of the homicide itself

21

What are some examples of crimes that do not count as underlying felonies for felony murder?

Manslaughter, aggravated battery

22

Could child abuse count as an underlying felony for felony murder?

Yes, if the abuse is less than life-threatening, because it isn't part of an intentional attempt to fatally injured the child

23

If a defendant slices the victim with a knife, the wound becomes infected, and the victim dies, is felony murder available?

No, because the underlying felony is a homicidal act

24

How does causation affect felony murder?

D's conduct must be the proximate cause of the victim's death, and the death must be a foreseeable and natural result of the felony

25

For felony murder there must be a sufficient link between the defendant's act, and what?

The murder

26

If death occurs as a consequence of some intervening act following the defendant's conduct, what is the issue in a felony murder situation?

Whether the intervening cause was foreseeable (it is different than foreseen)

27

If you tie up a victim in a liquor store, leave the scene, drive very carefully, and run over a child that darts out from two cars, are you guilty of felony murder?

Although this is still within the commission of the felony because you haven't reached the point of safety yet, there is no connection between this death and the felony, so no liability for felony murder

28

If an intervening cause is a mere coincidence in a felony murder situation, what is required?

Foreseeability

29

If you rob a movie ticket counter, and the popcorn maker runs outside and hides in the bushes, and is bitten by a poisonous spider and dies, are you guilty of felony murder?

No, because that is an unforeseeable intervening cause

30

If An intervening act is a response to conditions created by the defendant in a felony murder situation, what does the question become?

Whether the act was abnormal or extraordinary

31

If you set fire to a house and a firefighter dies, is that a felony murder situation?

Yes, because the death was foreseeable

32

If you set fire to a house, and a thief that rushed in to steal things died, is that a felony murder situation?

Probably not because that death was abnormal and unforeseeable

33

Can a defendant be prosecuted for both the underlying felony and felony murder?

Usually no

34

How are gun battles related to felony murder?

If you start a gun battle you are thought to have engaged in willful or want to misconduct and are liable for murder without the need to apply felony murder

35

What is a gun battle?

Exchange of fire with police, victims, or bystanders

36

If you rob a store and police around it, and you start shooting bullets out the door, and a gun battle with the police ensues and a bystander is killed, what is your liability?

Your actions triggered the gun battle that showed willful and wanton conduct that proved malice under murder commission without resorting to felony murder

37

If a felon uses a victim as a shield, or compels a victim to occupy a place of danger, what is their liability?

That was a direct lethal act against the victim and shows a causal connection for felony murder

38

What is the vicarious responsibility of co-felons?

A felon is strictly liable for all killings committed personally or by an accomplice in the course of the felony