Felony murder and the death penalty in the United States information
Most jurisdictions in the United States of America maintain the felony murder rule.[1] In essence, the felony murder rule states that when an offender kills (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. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies."[2] It is a widely criticized feature of American criminal law.[3] Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in America separately from England.[4] Its historic roots have been called "deep but terribly obscure".[5]
There are two forms of the felony murder doctrine practiced in the United States. The first uses a "dangerous felony" approach, which relies upon felonies which are thought to be dangerous listed in the felony-murder statute and if the defendant commits one of those felonies, it triggers the rule.[6] The other form requires that the defendant commit an act clearly dangerous to human life while committing a felony and does not rely on any enumerated felonies in a statute.[6] Further, whether the murder is considered first or second degree murder depends on the jurisdiction.[3]
The Supreme Court of the United States has held that the Eighth Amendment to the United States Constitution does not prohibit imposing the death penalty for felony murder. The Supreme Court has created a two-part test to determine when the death penalty is an appropriate punishment for felony murder. Under Enmund v. Florida,[7] the death penalty may not be imposed on someone who did not kill, attempt to kill, or intend that a killing take place. However, under Tison v. Arizona,[8] the death penalty may be imposed on someone who was a major participant in the underlying felony and acted with reckless indifference to human life. In Kennedy v. Louisiana, 554 U.S. 407 (2008), the Court added with respect to the defendants in Tison it "allowed the defendants’ death sentences to stand where they did not themselves kill the victims but their involvement in the events leading up to the murders was active, recklessly indifferent, and substantial."[9]
^Sterling Root, Senior Thesis, Juvenile Culpability and the Felony Murder Rule: Applying the Enmund Standard to Juveniles Facing Felony Murder Charges, TRINITY COLL. DIG. REPOSITORY 12 (2016), https://digitalrepository.trincoll.edu/cgi/viewcontent.cgi?article=1579& context=theses.
^WILLIAM L. CLAMR & WILLIAM L. MARSHALL, A TREATISE ON THE LAW OF CRIMES 656 (Marian Q. Barnes ed., 7th ed. 1967).
^ abGuyora Binder, Making the Best of Felony Murder, 91 B.U. L. REV. 403, 404 (2011).
^Guyora Binder, The Origins of American Felony Murder Rules, 57 Stan. L. Rev. 59 (2004). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/298.
^James J. Tomkovicz, The Endurance of the Felony-Murder Rule: A Study of the Forces that Shape Our Criminal Law, 51 Wash. & Lee L. Rev. 1429 (1994), https://scholarlycommons.law.wlu.edu/wlulr/ vol51/iss4/8
^ abCrump, David. "Panel Two: Unintentional Killings: Should We Have Different Views of Felony Murder, Depending on the Governing Statute?" Texas Tech Law Review 47, no. 113 (2014): 113-19. Accessed February 24, 2021. http://texastechlawreview.org/wpcontent/uploads/Crump.PUBLISHED.pdf
^Enmund v. Florida, 458 U.S. 782 (1982)
^Tison v. Arizona, 481 U.S. 137 (1987)
^"Kennedy v. Louisiana, 554 U.S. 407 (2008), Opinion of the Court, Part II". Justia US Supreme Court Center. June 25, 2008. Retrieved April 5, 2022.
and 26 Related for: Felony murder and the death penalty in the United States information
first-degree murderandfelonymurder are the most serious, followed by second-degree murderand, in a few states, third-degree murder, which in other states is...
Capital murder refers to a category of murderin some parts of the US for which the perpetrator is eligible for thedeathpenalty. In its original sense...
The rule of felonymurder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of...
more serious crimes (such as murder) to vote. The first US felony provisions were introduced in 1792 in Kentucky, although the first actual law disenfranchising...
state. In 2005, theUnitedStates Supreme Court held that offenders under the age of 18 at the time of themurder were exempt from thedeathpenalty under...
called felonymurder. This offense is categorized as capital offense, so if convicted, the offender could possibly receive thedeathpenalty. Inthe state...
intentional murder, felony kidnapping, four counts of aggravated sexual assault, and two counts of felonymurder—causing a deathinthe course of certain...
Capital punishment, also known as thedeathpenaltyand formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment...
other felony committed or attempted with the use of a deadly weapon, shall be ... murderinthe first degree ... and shall be punished by death or life...
IntheUnitedStates, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes...
terrorism Themurder was committed during the commission or attempted commission of one of thefelonies under New York's felonymurder laws. Murder committed...
IntheUnitedStates, life imprisonment is the most severe punishment provided by law instates with no valid capital punishment statute, and second-most...
After the Supreme Court of theUnitedStates struck down all states' deathpenalty procedures in Furman v. Georgia (1972), essentially ruling the imposition...
murder as "a series of two or more murders, committed as separate events, usually, but not always, by one offender acting alone". TheUnitedStates has...
"The Origins of Felony Jury Sentencing intheUnitedStates". Chi.-Kent L. Rev. 78 (937). Lewis, O.F. (1922). The development of American prisons and prison...
transportation, and then was changed to thedeathpenalty, and currently thepenalty is life imprisonment. Named after a high-profile case, Osman v United Kingdom...
first-degree murder. During the sentencing phase, the jury deadlocked on thedeathpenalty option, and Arias was sentenced to life imprisonment without the possibility...
was subsequently enacted, making thedeathpenalty mandatory for a number of crimes including first degree murderin specific instances, kidnapping during...
Missouri. TheUnitedStates Centers for Disease Control and Prevention reported that inthe year 2021, the state had a murder rate somewhat above the median...
who was murdered by Stephen Mark McDaniel (born 1985) on June 26, 2011, in Macon, Georgia, UnitedStates. McDaniel pleaded guilty in 2014, and was sentenced...
self-murder shall be guilty of manslaughter, a felony of the second degree". The first significant drive to legalize assisted suicide intheUnitedStates...
person's death. Unintentional second-degree murder is Minnesota's felonymurder rule; unlike most other states that have thefelonymurder rule, Minnesota...