Criminal Law · Felony Murder
Clear answer to: What Are The Defenses To Felony Murder in Criminal Law? with key cases, examples, and exam tips for law students.
Defenses to felony murder include establishing that the defendant did not commit the underlying felony, arguing that the felony was not inherently dangerous, and demonstrating that the death was not a foreseeable result of the felony. Additionally, claims of withdrawal from the crime can negate liability.
Defenses to felony murder are often centered around the specific elements required to establish liability under this doctrine. First and foremost, a defendant can argue that they did not commit the underlying felony that serves as the basis for the felony murder charge. This defense can be particularly effective if the defendant can provide evidence to show that they were not involved in the commission of the felony, either through alibi evidence, lack of intent, or co-defendant testimony.
Another critical defense is the argument that the underlying felony was not inherently dangerous to human life. Courts may engage in a case-by-case analysis to determine if the felony in question poses a significant risk of death. For example, if the underlying felony at issue is burglary in an unoccupied building, this may not qualify as inherently dangerous, thus potentially negating felony murder liability.
Moreover, defendants can challenge the causal connection between the felony and the resulting death. If the defendant can demonstrate that the death was not a foreseeable consequence of the felony, this may help to absolve them of felony murder charges. This often involves analyzing the facts surrounding the death to see if it was a result of an intervening act that broke the chain of causation.
Finally, claims of withdrawal from participation in the felony can serve as a valid defense. If a defendant can show that they withdrew from the crime and took affirmative steps to prevent its commission before the death occurred, they may be able to avoid liability for felony murder entirely. This emphasizes the importance of timing and actions taken by the defendant in relation to their criminal involvement.
If a bank robbery occurs and during the commission of the crime, a guard is accidentally shot by a third-party person unrelated to the robbery, the defendants may argue that the death was not a foreseeable consequence of their actions, particularly if they did not possess a firearm or intend to harm anyone.
In law school exams, students may be presented with hypothetical scenarios involving felony murder and are often asked to identify possible defenses. Familiarity with the nuances of these defenses can be crucial for crafting comprehensive and compelling arguments.