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Criminal Law • Murder
CRIMLAW#004
Legal Definition
Under the Felony Murder Rule, a defendant is culpable for a homicide committed during the perpetration of an inherently dangerous felony. A felony lasts from the point of attempt until the felon reaches a place of temporary safety. The felony must also be independent of the act that caused the death. Finally, a defense to the felony is a defense to the murder.
Plain English Explanation
As we've discussed in other cards, killing people is considered a really, really bad thing. Most laws that punish someone for killing someone else require you to show that the killer, in some way, directly caused the death of another. For example, they stabbed someone, or pulled a trigger of a gun, etc. But sometimes people die not because someone intended to kill them, but because some crimes can be so dangerous that it increases the risk of harm to bystanders or participants. In other words, if a defendant commits a crime, there's a not-0% chance that someone will die during the commission or panic caused by the crime. In these cases, it may not be appropriate to call the killing a traditional "murder" because there was no deliberation or premeditation. Thus, we look to the Felony Murder Rule ("FMR").
Under the FMR, a defendant can be held responsible for anyone who is killed during the commission of a felony. Which kind of felonies? Depends on the state. Generally speaking, first-degree felony murder applies to "inherently dangerous felonies": (1) Burglary, (2) Arson, (3) Rape, (4) Robbery, and (5) Kidnapping. If someone dies during the commission of one of these specifically identified types of felonies, then it is considered "first-degree".
On an exam, the fact pattern for FMR will (obviously) require someone to commit a felony and that someone else (also obviously) is killed. Where it can get tricky is arguing whether or not the death should be blamed on the defendant's criminal actions. There are a couple ways that exams test this.
The first is making it hard to determine when the felony began. For example, if someone wakes up in the morning and decides they are going to bring a gun to a bank and commit a robbery, the "felony" doesn't start as soon as the idea pops into their head. So when does it start? When they put their pants on? When they hop into their car with the gun? When they park in the bank parking lot? When they get out of their car and put their mask on? When they walk into the bank? It's important to know (and be able to argue) when someone begins to attempt a felony, because after that point anyone who dies triggers an FMR analysis.
The second way an exam's fact pattern will try to get tricky is by making it hard to determine when the felony ends. Using our bank robber example, does the felony end once he gets the money? When he leaves the bank? Gets back in his car? Drives home? Goes to bed? Generally, a felony ends when the defendant reaches a place of "temporary safety". In other words, FMR exists because it recognizes that the chaos and panic caused by someone committing certain felonies can result in people dying who would not have died if the felony was never attempted. Thus, when the defendant reaches a place where the chaos and panic that they have caused is arguably no longer a risk to others, the period of time defining the felony officially comes to and end. This is, of course, up to you to argue on an exam.
Finally, it's worth noting that the FMR only applies to deaths that are independent of the felony. For example, if a defendant is charged with "felony aggravated battery," and then the victim ends up dying from their injuries, FMR does not apply even though technically someone died during the commission of a felony. FMR is more appropriate for times when harming someone wasn't the original intent or plan, but happens because crimes can be unpredictable.
Under the FMR, a defendant can be held responsible for anyone who is killed during the commission of a felony. Which kind of felonies? Depends on the state. Generally speaking, first-degree felony murder applies to "inherently dangerous felonies": (1) Burglary, (2) Arson, (3) Rape, (4) Robbery, and (5) Kidnapping. If someone dies during the commission of one of these specifically identified types of felonies, then it is considered "first-degree".
On an exam, the fact pattern for FMR will (obviously) require someone to commit a felony and that someone else (also obviously) is killed. Where it can get tricky is arguing whether or not the death should be blamed on the defendant's criminal actions. There are a couple ways that exams test this.
The first is making it hard to determine when the felony began. For example, if someone wakes up in the morning and decides they are going to bring a gun to a bank and commit a robbery, the "felony" doesn't start as soon as the idea pops into their head. So when does it start? When they put their pants on? When they hop into their car with the gun? When they park in the bank parking lot? When they get out of their car and put their mask on? When they walk into the bank? It's important to know (and be able to argue) when someone begins to attempt a felony, because after that point anyone who dies triggers an FMR analysis.
The second way an exam's fact pattern will try to get tricky is by making it hard to determine when the felony ends. Using our bank robber example, does the felony end once he gets the money? When he leaves the bank? Gets back in his car? Drives home? Goes to bed? Generally, a felony ends when the defendant reaches a place of "temporary safety". In other words, FMR exists because it recognizes that the chaos and panic caused by someone committing certain felonies can result in people dying who would not have died if the felony was never attempted. Thus, when the defendant reaches a place where the chaos and panic that they have caused is arguably no longer a risk to others, the period of time defining the felony officially comes to and end. This is, of course, up to you to argue on an exam.
Finally, it's worth noting that the FMR only applies to deaths that are independent of the felony. For example, if a defendant is charged with "felony aggravated battery," and then the victim ends up dying from their injuries, FMR does not apply even though technically someone died during the commission of a felony. FMR is more appropriate for times when harming someone wasn't the original intent or plan, but happens because crimes can be unpredictable.
Hypothetical
Hypo 1: Bob decides he wants to rob a bank. He wakes up, stretches, makes himself a delicious breakfast, and picks out a freshly washed ski mask. Bob gets in his car and, as he's backing out of his driveway, he runs over his neighbor, killing her. Result: Bob had every interest in committing a felony that day, but he arguably had not started his attempt. Again, be mindful the of panic and chaos that is involved with the felony because that is usually when the attempt officially starts.
Hypo 2: Bob decides he wants to rob a bank. He wakes up, stretches, grabs a ski mask, and hops in his car. Bob doesn't want to be recognized by any friends, so he decides to rob a bank 2 hours away from his house. When Bob finally arrives at the bank, he parks in front of the entrance, puts on his ski mask, steps out of his car, and begins to stretch his legs after the long drive. While he stretches, an old lady walks out of the bank and sees Bob in his ski mask. She realizes he is here to rob the place and is so terrified she has a heart attack and dies. Result: Here, the Felony Murder Rule ("FMR") applies. Even though Bob is only standing outside of his car, the fact that he has arrived at the bank with his ski mask makes for a good argument that he has begun his attempt to rob it. Moreover, because of Bob's attempt to rob the Bank, a poor old lady had a heart attack. Sure, Bob didn't intend for her to die — but he did intend to commit a dangerous felony which sometimes results in people dying, like the old lady. Thus, Bob would likely be responsible for her death under the FMR.
Hypo 3: Same facts as Hypo 2, except there is no old lady. This time, instead, Bob successfully robs the bank but is chased by the cops. Bob jumps in his car and drives home. After an hour of being chased on the freeway by police, Bob gets into an accident and kills someone driving another car. Result: It doesn't matter that Bob is miles away from the bank he robbed over an hour ago. Because he had not yet reached a point of "temporary safety," FMR still applies to any deaths that occur. Thus, Bob could be charged with murder under the felony murder rule for someone he accidentally killed in the car chase.
Hypo 4: Bob and Sam decide to team up and rob a bank. Sam is the driver. Bob jumps out of the car and runs into the bank to get the cash. While yelling at everyone to get on the ground, Bob is shot and killed by an off-duty police officer. Result: Whether Sam is liable for Bob's death depends on the jurisdiction. We'll talk about this in other cards. For now, know that the majority of states hold a "Redline view," which states that Sam is not liable for the death of Bob. In a minority of states, however, Sam would be charged for the murder of Bob, even though Bob was Sam's co-felon and was shot by police.
Hypo 2: Bob decides he wants to rob a bank. He wakes up, stretches, grabs a ski mask, and hops in his car. Bob doesn't want to be recognized by any friends, so he decides to rob a bank 2 hours away from his house. When Bob finally arrives at the bank, he parks in front of the entrance, puts on his ski mask, steps out of his car, and begins to stretch his legs after the long drive. While he stretches, an old lady walks out of the bank and sees Bob in his ski mask. She realizes he is here to rob the place and is so terrified she has a heart attack and dies. Result: Here, the Felony Murder Rule ("FMR") applies. Even though Bob is only standing outside of his car, the fact that he has arrived at the bank with his ski mask makes for a good argument that he has begun his attempt to rob it. Moreover, because of Bob's attempt to rob the Bank, a poor old lady had a heart attack. Sure, Bob didn't intend for her to die — but he did intend to commit a dangerous felony which sometimes results in people dying, like the old lady. Thus, Bob would likely be responsible for her death under the FMR.
Hypo 3: Same facts as Hypo 2, except there is no old lady. This time, instead, Bob successfully robs the bank but is chased by the cops. Bob jumps in his car and drives home. After an hour of being chased on the freeway by police, Bob gets into an accident and kills someone driving another car. Result: It doesn't matter that Bob is miles away from the bank he robbed over an hour ago. Because he had not yet reached a point of "temporary safety," FMR still applies to any deaths that occur. Thus, Bob could be charged with murder under the felony murder rule for someone he accidentally killed in the car chase.
Hypo 4: Bob and Sam decide to team up and rob a bank. Sam is the driver. Bob jumps out of the car and runs into the bank to get the cash. While yelling at everyone to get on the ground, Bob is shot and killed by an off-duty police officer. Result: Whether Sam is liable for Bob's death depends on the jurisdiction. We'll talk about this in other cards. For now, know that the majority of states hold a "Redline view," which states that Sam is not liable for the death of Bob. In a minority of states, however, Sam would be charged for the murder of Bob, even though Bob was Sam's co-felon and was shot by police.
Related Concepts
What are the five inherently dangerous felonies that trigger the Felony Murder Rule?
What is a homicide?
What is deliberation?
What is imperfect self-defense?
What is involuntary manslaughter?
What is malice aforethought?
What is murder?
What is premeditation?
What is the agency theory of the Felony Murder Rule?
What is the proximate cause theory of the Felony Murder Rule?
What is voluntary manslaughter and what is the test used to determine it?
