Felony Murder Limitations

The felony murder rule allows for a murder charge if a death occurs during the commission of a dangerous felony. However, the felony must be independent of the killing, and only deaths caused by co-felons count in some jurisdictions, while others include deaths caused by victims or police. Additionally, once the felon has reached a place of temporary safety, they are no longer liable for any resulting deaths.

During a bank robbery, two robbers are fleeing the scene when one of them accidentally shoots a bystander. In a jurisdiction that follows the agency theory, only the robber who fired the shot can be charged with murder, while the other robber is not liable for the death. The outcome is that the shooter faces felony murder charges, but the accomplice does not.

Felony murder: only co-felons count, and safety ends liability.

Exams often present scenarios where students must determine if the felony is inherently dangerous or if the killing was by a co-felon, which can be tricky. Students may confuse the agency theory with proximate-cause jurisdictions, leading to incorrect conclusions about liability.

Questions typically involve a fact pattern with a felony and a resulting death, requiring students to analyze the nature of the felony and the relationship between the felons and the victim. Look for details that indicate whether the felony merges with the killing or if the felons have reached safety.