Felony Murder II
- Generally ∆ liable for killings during course of a felony.
- Mens rea implied from underlying/predicate felony.
- Limits on "in perpetration of" predicate felony:
- Felony continuing, not complete
- Example: steal wallet from murder victim
- No temporary safe haven, if statute includes flight.
- 2. Actual and proximate cause between felony and death.
- "Agency" vs. "Proximate Cause" jurisdictions.
- Agency: person acting on behalf of ∆ must cause death.
- Proximate cause: ∆ must be proximate cause of death
Merger Rule (at CL):
- If felony is integral part of homicide, it merges so gov’t must prove M/R of homicide (note that felony is LIO of F/M)
- 1. Conduct of predicate felony must be separate from act of violence causing death
- Rationale
- Purpose of F/M to deter accidental/neg. killings
- F/M relieves gov’t of burden of proof as to M/R (and destroys complex graduated scheme based on moral culpability...)
- Prevents defeating M/R for murder by simply proving assault
