MBE Rules · Criminal Law
Felony murder rule
The rule
A killing during the commission or attempted commission of an inherently dangerous felony (BARRK: Burglary, Arson, Rape, Robbery, Kidnapping) is murder. Limits: (1) felony must be independent of killing, (2) killing during the res gestae (continuing), (3) victim must not be a co-felon, (4) majority "agency" rule excludes killings by non-felons.
In plain English
If someone dies while you're committing a serious crime like robbery or arson, you're responsible for murder, even if you didn't mean to kill them.
Worked example
During a robbery, the defendant's partner accidentally shoots a store clerk. The defendant can be charged with felony murder because the death happened during the robbery.
Memory hook
BARRK: Burglar's Arson, Rapist's Robbery, Kidnapper's Killing. Inherently dangerous felonies transform accidental deaths into murder.
The trap
Students think: Any death during a felony is felony murder. Wrong, because the felony must be independent, and the victim can't be a co-felon. The actual test is whether the felony is inherently dangerous.
How examiners test it
The MBE loves: death by police or third party during felony. Trap: students assume any death counts, but agency rule limits it to felons' acts, not outsiders' actions.
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