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Comparative Review of States' Recognition of Reduced Degrees of Felony Murder

NCJ Number
93714
Journal
Washington and Lee Law Review Volume: 40 Issue: 4 Dated: (Fall 1983) Pages: 1601-1618
Author(s)
M L Gilbert
Date Published
1983
Length
18 pages
Annotation
Although most jurisdictions in the United States have some form of the felony murder rule, only a minority limit the application of the rule through the use of the principles of malice aforethought and criminal liability that formed the basis of the common law rule.
Abstract
At common law, the rule defined any homicide which was committed during the perpetration of a felony as murder. English courts criticized the rule's harsh penal consequences, and Parliament abolished the rule in 1957. A variety of forms of the rule exist in different jurisdictions in the United States. Although several States apply various forms of the rule to reduced degrees of unlawful act-homicide, the majority of jurisdictions retain first degree felony murder statutes. In the absence of legislative action, however, courts have used various means for restricting the rule's application. In several States, the courts impose various requirements regarding the inherent danger of the underlying felony. Other courts have construed felony murder statutes to require independent proof of all the elements of murder before applying the rule. Despite arguments about the inapplicability of the felony murder rule to higher degrees of murder, some courts will nevertheless continue to apply the rule strictly without setting any limitations to protect the defendants from the harsh penalties which result. A total of 123 footnotes are provided.

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