Criminal Law · Felony Murder

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MBE Criminal Law: Felony Murder

An overview of Felony Murder as tested on the MBE, including key rules, practice questions, and test-taking tips.

Overview

Felony murder is a legal doctrine that holds individuals liable for murder if a death occurs during the commission of a dangerous felony, even if the individual did not intend to kill. Typically applied to inherently dangerous felonies, such as robbery, burglary, arson, and rape, the doctrine can extend liability to co-felons. An essential element of felony murder is that the killing must occur in the course of the felony's commission or immediate flight from the felony's scene, establishing a clear connection between the felony and the resultant death.

The significance of the felony murder rule rests on its deterrent effect and its intention to punish individuals whose actions during felonies result in unintended deaths. Various jurisdictions may approach the definition of a 'dangerous felony' differently, and there are procedural considerations regarding the limitations of the rule, including exceptions for non-felonious killings and the requirement that a defendant must be a major participant in the underlying felony to warrant felony murder liability in some jurisdictions. The MBE often tests these nuances by presenting fact patterns that challenge students' application of the law.

Key Rules
  1. Felony murder applies when a death occurs during the commission of a dangerous felony.
  2. The underlying felony must be inherently dangerous.
  3. The death must occur in the course of and in furtherance of the felony.
  4. A defendant can be liable for felony murder even if they did not intend to kill.
  5. Co-felons may be held accountable for murder committed by any participant during the felony.
Common Question Patterns
  • Fact patterns involving a killing during the commission of a robbery, identifying if felony murder applies.
  • Scenarios where a co-felon causes a death, examining whether all participants are liable.
  • Questions regarding the definition and scope of inherently dangerous felonies.
Practice Questions

1. During a bank robbery, one of the robbers accidentally shoots a security guard. Can all of the robbers be charged with felony murder?

A. A) Yes, because the shooting occurred during the commission of the felony.(Correct)

B. B) No, because only the shooter can be charged.

C. C) Yes, but only if the robbery was a planned crime.

D. D) No, because the death was accidental.

Explanation: All robbers can be charged with felony murder because the death occurred in the course of committing the robbery.

2. A man breaks into a house intending to steal, and while inside, he finds and kills the homeowner. Is he guilty of felony murder?

A. A) Yes, because he was committing burglary.(Correct)

B. B) No, because he did not plan to kill.

C. C) Yes, but only if the burglary was violent.

D. D) No, because the death was not during the felony.

Explanation: He is guilty of felony murder because the killing occurred during the commission of the burglary.

3. If a participant in a drug deal is killed by a third party, can the remaining participants be charged with felony murder?

A. A) Yes, if the drug deal was a dangerous felony.(Correct)

B. B) No, because the death was not directly caused by the participants.

C. C) Yes, but the participants must have planned for this outcome.

D. D) No, because the felony must involve direct actions of the participants.

Explanation: They can be charged with felony murder if the killing occurs in furtherance of the underlying dangerous felony.

4. During a robbery, a getaway driver waits in the car while the others enter the store. If a store employee is killed inside, can the driver be charged with felony murder?

A. A) Yes, if the robbery is deemed a dangerous felony.(Correct)

B. B) No, because the driver did not enter the store.

C. C) Yes, but only if the driver encouraged the robbery.

D. D) No, because the driver did not directly commit the murder.

Explanation: The driver can be charged with felony murder because they were a participant in the felony.

5. A group of friends breaks into a car, intending to steal it, and accidentally breaks a window, causing a death. Can they be charged with felony murder?

A. A) Yes, because they committed a felony.(Correct)

B. B) No, because it was an accident.

C. C) Yes, but only if the felony was inherently dangerous.

D. D) No, because the death was not a foreseeable result.

Explanation: They can be charged with felony murder as the death occurred during the commission of a felony.

Test-Taking Tips
  • Memorize the list of inherently dangerous felonies as defined in your jurisdiction.
  • Analyze the facts carefully to determine if there is a direct connection between the felony and the death.
  • Understand the scope of liability for co-felons, especially in relation to actions taken by others during the felony.

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