24. homicide 5 - felony murder

8/11/2019 24. Homicide 5 - Felony Murder

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REBOOT


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Common Law HomicideIntentional

(purposefully orknowingly)

Unintentional

(neitherpurposefully

nor knowingly)

1stDeg Murder Premeditated Felony Murder 1st Deg Murder

2ndDeg Murder Unpremeditated

1. Felony Murder

2. Intent => GBH

3. Gross

Recklessness

2ndDeg Murder

Voluntary

Manslaughter

+ Adequate

Provocation

+ Heat of Passion

+ Insufficient

Cooling Time

1. Gross

Negligence/

Recklessness

2. Unlawful act

Involuntary

Manslaughter


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Felony

Murder


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MPC 210.2(1)Criminal homicide constitutes murder when:

(b) it is committed recklessly under circumstances

manifesting extreme indifference to the value of human life.Such recklessness and indifference are presumed if the actor

is engaged in or is an accomplice in the commission of, or an

attempt to commit, or flight after committing or attempting

to commit robbery, rape or deviate sexual intercourse byforce or threat of force, arson, burglary, kidnapping or

felonious escape.


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Inherently Dangerous Felony

Two Approaches:

Elements Approach:

examine the elements of thefelony in the abstract (CA, e.

g)

Facts Approach: focus on

the particular facts of the

crime in that case (MA, e.g.)


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Regina v. Sern

Facts: The Crown suggests that D set a fire

that resulted in his sons death: there were

flammable materials strewn about the

property; the fire had apparently broken out

simultaneously in several places; and thedefendant had recently taken out fire

insurance on the property and life insurance

on one of his sons. There is also evidence

that other members of the family including

the defendant barely escaped the fire.

Verdict: The jury, which is instructed under

a felony murder theory, acquits.


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Michigan

In Aaron, the Michigan Supreme Court

abolished felony murder.

Is that a good idea?

Was the Court the right institution to

undertake that reform?


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Phillips (California)

Felony must be

inherently dangerous

in the abstract (bylooking at the

elements, not the

facts of the case)


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Hypothetical


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Ireland (California)Not allowed to bootstrap murder from assault.

That would automatically bump up almost all

homicides to murder. So those kinds of

felonies merge with the homicide.


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Wilson (California)FACTS: There the defendant forcibly entered his

estranged wifes apartment carrying a shotgun. Once

inside the apartment, he fatally shot a man in the living

room and proceeded to break into the bathroom where

he killed his wife.

MERGER: The felony of ADW merges with the killing.


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Wilson HypoFACTS: What if he broke in, stole a stereo,

and a spark from the electrical cord started a

fire that killed everyone inside?

MERGER: The felony of burglary doesnt merge.

24. homicide 5 - felony murder

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