Criminal Law · crime

Elements of Felony Murder

Quick Answer

What are the elements of Felony Murder?

Felony murder is a legal doctrine that holds individuals criminally liable for a murder that occurs during the commission of a dangerous felony, regardless of intent to kill. The theory is based on the premise that engaging in a violent felony increases the risk of death to others.

Required Elements

1. Commission of a Felony

The defendant must be engaged in the commission of a felony that is inherently dangerous.

What to prove: The prosecution must prove that the defendant was in the act of committing a specified felony (e.g., robbery, burglary, arson, etc.).

2. Causation

There must be a direct causal link between the felony and the resulting death.

What to prove: It must be shown that the murder occurred as a direct result of the felony being committed.

3. Death of a Victim

A victim must have died as a result of the felony committed by the defendant.

What to prove: The prosecution must provide evidence that a human being died due to actions associated with the felony.

4. Foreseeability of Death

The death must be a foreseeable consequence of the underlying felony.

What to prove: It must be demonstrated that a reasonable person would have foreseen that death could result from the commission of the felony.

Burden of Proof

The prosecution bears the burden of proof, and the standard is 'beyond a reasonable doubt'.

Available Defenses
  • Withdrawal from the felony
  • Accidental death
  • Imperfect self-defense
Common Fact Patterns
  • A group robs a bank, and during the robbery, a security guard is shot and killed by an accomplice.
  • A burglary results in a confrontation where the homeowner accidentally kills an intruder while defending themselves.
Exam Tip

Be prepared to analyze hypothetical scenarios involving the link between the felony and homicide, and consider any defenses raised.

Key Cases
  • People v. Johnson
  • State v. Smith
  • R v. Cunningham

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