Felony Murder Rule

The felony murder rule is a rule that was brought to the United States’ common law from England’s common law. It is responsible for broadening the crime of murder and for lessening that which the prosecution must prove to obtain a murder conviction.

The first way the felony murder rule broadens murder occurs when a person accidentally or unintentionally kills a person without any intent to kill during the commission of an applicable felony. What might have been manslaughter without the felony murder rule becomes murder because the death occurred during a felony. This removes the requirement for a murder conviction that a person has the intent to kill.

The second way murder is broadened is that it makes any participant in a felony criminally liable for the deaths that occur during, after, or in furtherance of the felony. For example, if there is a conspiracy to commit an “inherently dangerous” felony, anyone involved in the conspiracy can potentially be held liable for any deaths that occur.

Because it broadens murder in two important ways, felony murder is commonly seen as acting as a deterrent or a way of encouraging people to be very careful when committing felonies. The United States sees felony murder as first degree murder. Fortunately for individuals who commit a crime under felony murder that results in the possibility of capital punishment, the Eighth amendment imposes additional limits before a person can receive the death penalty.

For example, the death penalty cannot be imposed if the defendant was a minor participant in the crime and did not actually kill or intend to kill. Those who are major participants in the felony and exhibited extreme indifference to human life are not so lucky.

Contact a Las Vegas Criminal Defense Lawyer

If you would like more information on the felony murder rule, contact the Las Vegas criminal defense lawyers of William Palmer & Associates, P.C. at 702-888-2222.