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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 inherently dangerous felony approach is the most popular limitation on the rule. It is further divided into two subtypes. The majority of jurisdictions using this limitation look at whether the felony was inherently dangerous by looking at the facts of the case before the court, i.e. "based on the manner in which the felony was committed."
Felony murder can also be prosecuted for felonies not in this list, provided the felony is “inherently dangerous”. Whether a felony is inherently dangerous or not is done on a case-by-case basis and is found by the jury. Felonies that are inherently dangerous but not included in the above list are punished under PC 187, second degree murder.
[3] The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony." [3] The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as
Further, a recent study by Kat Albrecht, a criminology professor at Georgia State University, found that 81.3% of people sentenced under the felony murder rule in Cook County, Illinois are Black ...
First degree felony murder is defined as a homicide committed by a participant against someone other than another participant, who is committing or attempting to commit (including during immediate flight from the crime) one of the following crimes: (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or ...
In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04. [4] However, there is no specific guideline when it comes to scoring points for sentencing under the felony murder rule. The predicate felonies that will support a charge of first degree murder under the statute are: [5] [6] Drug ...
The felony murder rule in Texas, codified in Texas Penal Code § 19.02(b)(3), [2] states that a person commits murder if he or she "commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, they commits or attempts to commit an act clearly dangerous to human life ...