Keith Mack
The felony murder rule, a legal doctrine in some common-law jurisdictions, expands the crime of murder to include killings committed during the commission of a dangerous felony. This rule, also known as constructive murder, holds that a person who causes an unintended death while committing a felony is guilty of murder, regardless of their intent to kill. While the rule has been abolished in some places, like the UK, it persists in many US jurisdictions, where felony murder is often categorized as first-degree murder, carrying severe penalties, including life imprisonment or even the death penalty.
| Characteristics | Values |
|---|---|
| Common law definition of murder | The unlawful killing of another human being with "malice aforethought" |
| Malice aforethought | Intent to kill, either actual or implied |
| Second-degree murder | Any killing committed with malice aforethought that is not designated as first-degree murder |
| First-degree murder | Any killing committed while committing, or fleeing from the commission of a felony that is on the list of felonies for first-degree murder |
| Capital murder | First-degree murder with aggravating factors, such as the killing of a police officer or judge |
| Felony murder rule | A legal doctrine in some common law jurisdictions that broadens the crime of murder to include killings during the commission of a felony |
| Felony murder rule application | If someone is killed during the commission of a felony, the offender and their accomplices or co-conspirators may be found guilty of murder, regardless of intent to kill |
| Felony murder rule justification | Deterring individuals from engaging in dangerous felonies |
| Felony murder rule criticism | Abolished in some jurisdictions due to concerns about convicting without a culpable mindset |
| Felony murder rule exceptions | Some states do not apply the rule to co-felons if they did not intend or know that someone was likely to be killed |
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What You'll Learn
The felony-murder rule
In most jurisdictions, to qualify as an underlying offence for a felony murder charge, the underlying offence must present a foreseeable danger to life, and the link between the offence and the death must not be too remote. For example, if the recipient of a forged check has a fatal allergic reaction to the ink, most courts will not hold the forger guilty of murder, as the cause of death is too remote from the criminal act.
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Transferred intent
The felony murder rule is a legal doctrine in some common-law jurisdictions that broadens the crime of murder. When someone is killed during the commission of a dangerous felony, the offender and their accomplices or co-conspirators may be found guilty of murder, regardless of their intent to kill. The rule originates from the concept of transferred intent, where the malicious intent inherent in any crime is considered to apply to any consequences of that crime, regardless of intent.
The application of transferred intent in murder cases is not without controversy. Critics argue that it distorts the meaning of transferred intent and imposes liability disproportionate to culpability. In the UK, the House of Lords reversed a Court of Appeal decision that applied the doctrine of transferred malice to convict a defendant of murder. The defendant had stabbed a pregnant woman, and the fetus, wounded in the attack, was born prematurely and died four months later. The child's death was ruled to be primarily caused by its prematurity. The House of Lords held that the doctrine could not apply in this case, as the intention to cause grievous bodily harm to the mother could not be considered an intent aimed at the fetus.
In the United States, almost every state has a felony murder rule, and federal law recognizes it as well. While some states have laws preventing prosecution under this rule for individuals who do not participate in the killing or are not major participants in the crime, others consider the circumstances of each case, including the mental state of the defendant, rather than applying an automatic rule.
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Malice aforethought
The common law definition of murder is the "unlawful killing of another human being with malice aforethought". Malice aforethought is a term of art that is sometimes referred to as "premeditation". However, malice aforethought is broader than premeditation. While the latter implies a preconceived plan, the intent to kill implied by malice aforethought can be either actual or implied.
The first statutory mention of malice aforethought dates back to the reign of Richard II in 1389. In 1390, Parliament defined murder as the "death of a man slain by await, assault, or mallice prepensed". Juries were instructed to consider whether a felony had been committed with malice aforethought. In 1552, malice aforethought was applied as a requirement for murder in Thomas Buckler's Case.
In the 19th century, malice aforethought was the mens rea element of murder in America. Today, many states and the Model Penal Code have abandoned the term in favour of more precise language. However, the concept of malice aforethought persists in some form in states with a separate first-degree murder charge.
The fourth state of mind encompassed by malice aforethought is where the defendant has acted with a "depraved indifference" to human life. This is when a defendant commits an act, despite knowing that it runs an unusually high risk of causing death or serious bodily harm. If the risk is great enough, ignoring it demonstrates a depraved indifference to human life, and the resulting death is considered to have been committed with malice aforethought.
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Manslaughter and felony murder
The felony murder rule is a legal doctrine in some common-law jurisdictions that broadens the crime of murder. When someone is killed (regardless of the intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender and their accomplices or co-conspirators may be found guilty of murder. The rule of felony murder originates in the rule of transferred intent. 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.
In most jurisdictions, to qualify as an underlying offense for a felony murder charge, the underlying offense must present a foreseeable danger to life, and the link between the offense and the death must not be too remote. For example, if a person dies as the result of another person's unlawful act, which they commit in a reckless or grossly negligent manner, or if they perform a lawful act in a reckless or grossly negligent manner, this would constitute involuntary manslaughter.
In some jurisdictions, the felony murder rule has been abolished, but it has been replaced by a similar statutory provision. For example, in Victoria, Australia, the rule has been replaced by the Crimes Act 1958. In New South Wales, § 18(1)(a) of the Crimes Act 1900 provides the statutory definition of 'constructive murder'. The act or omission causing death must be "done in an attempt to commit or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years".
In almost half of the states in the US, felony murder is considered a capital offense, meaning the death penalty is available. However, the Supreme Court has imposed additional restrictions on states that seek to impose the death penalty for felony murder. For example, in Enmund v. Florida, the Supreme Court held that the death penalty cannot be imposed on a defendant who had only a minor role in the underlying felony.
In Pennsylvania and New Jersey, murder is separated into three degrees. Murder in the second degree is felony murder, and the principle actor and their accomplice face a potential life sentence if convicted of this crime. It is irrelevant if either the principle or the accomplices intended or set out to kill anyone during the commission of the felony. What separates murder from manslaughter in these states is malice. Voluntary manslaughter is the intentional killing without lawful justification, where the actor kills another due to a sudden and/or intense passion resulting from some serious provocation. Involuntary manslaughter is the least serious crime within this category.
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Felony murder in different jurisdictions
The felony murder rule is a legal doctrine in some common law jurisdictions that broadens the crime of murder. When someone is killed during the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender and their accomplices or co-conspirators may be found guilty of murder, regardless of their intent to kill. This rule is often justified as a means of deterring dangerous felonies.
United States
Almost every state in the United States has a felony murder rule, and federal law recognizes it as well. In most states, felony murder is categorized as first-degree murder and can result in sentencing ranging from several years to life imprisonment. In almost half of these states, felony murder is considered a capital offense, which means that the death penalty is an option. However, the Supreme Court has imposed additional restrictions on states that seek to impose the death penalty for felony murder, such as in the case of Enmund v. Florida, where the death penalty was deemed inappropriate for a defendant with only a minor role in the underlying felony.
Some states, like California, have laws preventing prosecution under the felony murder rule for people who do not participate in the killing or are not major participants in the crime. Additionally, some states do not apply the felony murder rule to co-felons if they did not intend or know that someone was likely to be killed. Inherently dangerous crimes that can constitute felony murder vary by state but typically include burglary, robbery, rape, arson, and kidnapping.
United Kingdom
The felony murder rule was abolished in the United Kingdom in 1957. It was abolished in England and Wales by the Homicide Act 1957 and in Northern Ireland by the Criminal Justice Act (Northern Ireland) 1966. However, its effect is preserved by the application of the common law principle of joint enterprise. In 2006, the Law Commission considered and rejected the suggestion of reinstating the felony murder rule in English law.
Canada
In Canada, the felony murder rule has been held to be unconstitutional as it breaches the principles of fundamental justice.
Australia
In Victoria, Australia, the common law felony murder rule has been abolished but replaced by a similar statutory provision, the Crimes Act 1958. Similarly, in New South Wales, common law has been overridden, and the matter is dealt with through statutory construction and application, specifically the Crimes Act 1900.
Kentucky
The Kentucky Legislature has abolished the felony murder rule, recognizing that its automatic application could result in a conviction of murder without considering the defendant's mindset. Instead, the circumstances of the case, such as the commission of a felony, are considered separately to determine the defendant's mental state.
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Frequently asked questions
The felony murder rule is a legal doctrine in some common-law jurisdictions that broadens the crime of murder. When someone is killed during the commission of a dangerous or violent crime (called a felony in some jurisdictions), the offender and their accomplices or co-conspirators may be found guilty of murder, regardless of their intent to kill.
The felony murder rule developed under early common law. At common law, murder was historically defined as the unlawful killing of another human being with "malice aforethought". The rule of felony murder originates in the rule of transferred intent, where 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.
No, the felony murder rule has been abolished in some jurisdictions, including England and Wales, Northern Ireland, and Kentucky. In Canada, it has been held to be unconstitutional, and other jurisdictions have replaced it with similar statutory provisions.
One example is if two people attempt to rob a store, and one of them accidentally kills an employee when breaking through a window. Both individuals could be charged with murder through the felony murder rule, even if one did not intend to kill and the other did not directly cause the death. Another example is if a person sets fire to their neighbour's shed, and the fire spreads to another house, killing those inside. The person can be charged with murder under the felony murder rule, even if they did not intend to harm anyone.
One criticism of the felony murder rule is that it can lead to convictions without considering the mental state or culpability of the defendant. Some jurisdictions have exceptions to the rule, such as not applying it to co-felons if they did not intend or know that someone was likely to be killed. Additionally, the merger doctrine prevents the rule from applying when the felony constitutes the elements of murder.
