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Felony Murder And The Death Penalty
Most jurisdictions in the United States, United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law.Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. REV. 403, 404 (2011). Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in America separately from England. Its historic roots have been called "deep but terribly obscure".James J. Tomkovicz, The Endurance of the Felony-Murder Rule: A Stud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Alabama)
Murder in Alabama constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Alabama. The United States Centers for Disease Control and Prevention reported that in the year 2020, Alabama had the third-highest rate of homicides in the country. Felony murder rule In Alabama, the common law felony murder rule The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in s ... has been codified in Alabama Code § 13A-6-2(a)(3). It provides that when a person commits various crimes and "in the course of and in furtherance of the crime" another is killed, then the perpetrator is guilty of murder, a "Class A Felony", the punishment of which is not less than 10 years nor more than 99 years in prison, or life in prison. If any agg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Indiana)
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Illinois)
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Idaho)
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Hawaii)
In the state of Hawaii, the common law felony murder rule has been completely abolished. Hawaii Revised Statutes §707-701 In Hawaii Revised Statutes §707-701, the Hawaii State Legislature noted the critical history of the felony murder rule and the severe limitation of it in the Model Penal Code. The legislature determined that the commission of a felony should not serve to automatically classify an offense as murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ..., and that a separate factual inquiry should be undertaken for each case to determine the significance of a felony on the severity of the offense.HRS §707-701, Hawaii Legislature Official Website, http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0701.htm References External linksFull ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Georgia)
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Florida)
Murder in Florida constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida. Generally In Florida, a person is guilty of first-degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first-degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder. This offense is categorized as capital offense, so if convicted, the offender could possibly receive the Capital punishment in Florida, death penalty. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly above the median for the entire country. Felony murder rule In the state of Florida Florida is a state located in the Southeastern region of the United States. Florida is border ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (Colorado)
In the state of Colorado, the common law felony murder rule has been codified in Colorado Revised Statutes § 18-3-103. As of September 15, 2021, the statute classifies a homicide as second degree murder when committed during one of these predicate felonies: *Committing or attempting to commit arson, robbery, burglary, kidnapping, sexual assault, or a class 3 felony sexual assault on a child *Or if in the course of one of these crimes or the immediate escape from it, anyone causes the death of a person other than one of the participants See also * Law of Colorado The law of Colorado consists of several levels, including constitutional, statutory, regulatory, local, and case law. The '' Colorado Revised Statutes'' form the general statutory law. Sources The Constitution of Colorado is the foremost source ... References {{reflist Murder in Colorado Colorado law U.S. state criminal law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace Officer
A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, prosecutors (who are law enforcement officers but not peace officers), municipal law enforcement officers, health inspectors, SWAT officers, customs officers, lawyers, state troopers, federal agents, secret agents, special investigators, coast guards, border patrol officers, judges, district attorney, bounty hunters, gendarmerie officers, immigration officers, private investigators, court officers, probation officers, parole officers, arson investigators, auxiliary officers, animal control officers, game wardens, park rangers, county sheriff's deputies, constables, marshals, detention officers, correction officers, sworn campus police officers and public safety officers (at public and private institutions). Security guards are no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder Rule (California)
In the state of California, a heavily modified version of the common law felony murder rule is codified in California Penal Code § 189. Circumstances Since the enactment of Senate Bill 1437 on September 30, 2018, felony murder can only be prosecuted in certain specific circumstances if at least one of these is true: *The defendant directly killed a person. * The defendant, with the intent to have the victim killed, "aided, abetted, counseled, commanded, induced, solicited, requested, or assisted" the actual killer. * The defendant was a major participant in the underlying felony and acted with reckless indifference to human life. * The victim was a peace officer who was killed while in the course of the peace officer’s duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of their duties, during the commission, attempted commission, or flight of a inherently dangerous felony. Felony murder is a the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |