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👨‍⚖️criminal law review

Felony Murder Rule

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

The felony murder rule is a legal doctrine that holds individuals criminally liable for any death that occurs during the commission of a dangerous felony, even if the individual did not directly cause the death. This rule connects the act of participating in a serious crime, such as robbery or arson, to a heightened level of accountability for resulting fatalities, expanding liability beyond traditional notions of intent and malice.

5 Must Know Facts For Your Next Test

  1. The felony murder rule applies only to specific felonies that are considered inherently dangerous, like armed robbery or sexual assault.
  2. Jurisdictions differ on the application of the felony murder rule; some may impose stricter criteria or limit it to specific types of felonies.
  3. Defendants can be charged with felony murder even if they were not present at the scene of the homicide, as long as they were involved in the underlying felony.
  4. The rule has been criticized for being overly harsh, particularly in cases where a defendant had no intent to kill or where the death was accidental.
  5. Some jurisdictions have enacted reforms to limit the use of the felony murder rule, especially regarding accomplices who did not directly commit violence.

Review Questions

  • How does the felony murder rule expand liability for participants in a crime compared to traditional murder charges?
    • The felony murder rule broadens criminal liability by allowing for charges of murder against individuals involved in a dangerous felony, regardless of their intent to kill. This contrasts with traditional murder charges, which typically require proof of malice aforethought or intent to cause death. Under this rule, even if someone did not pull the trigger but participated in a robbery during which someone died, they can still be held responsible for murder.
  • Discuss the implications of the felony murder rule on accomplice liability in felony cases.
    • The felony murder rule significantly impacts accomplice liability by ensuring that all participants in a felony can be held accountable for any resulting deaths. If one accomplice commits an act leading to a death during the commission of a felony, all accomplices may face felony murder charges. This principle underscores the seriousness with which courts treat participation in violent felonies and aims to deter individuals from engaging in such risky criminal behavior.
  • Evaluate the arguments for and against maintaining the felony murder rule in modern criminal justice systems.
    • Arguments in favor of maintaining the felony murder rule highlight its deterrent effect on engaging in violent felonies and ensuring that all parties involved face consequences for their actions. Supporters believe it encourages safer conduct among criminals. Conversely, critics argue it can lead to unjust outcomes, where individuals face severe penalties without intent to kill. They suggest reforms may be necessary to balance accountability and fairness, particularly for those not directly responsible for any fatalities.