Death of a Co-Felon

Under the majority Redline view, if a co-felon is killed during the commission of a felony, the surviving felons cannot be charged with felony murder if the killing was justified, such as by police or the victim. However, in proximate-cause jurisdictions, the surviving felons may still be held liable if their actions provoked the deadly force that resulted in the co-felon's death.

During a bank robbery, one of the robbers points a gun at a bank teller, who then shoots and kills him in self-defense. Under the majority Redline view, the other robbers cannot be charged with felony murder for their co-felon's death since it was a justified killing. However, if the police were involved and the robbers' actions provoked the police to shoot, they could still face liability for that provocation.

Justified killings mean no felony murder for co-felons!

Exams may present scenarios where students must distinguish between justified killings and those that are not, leading to confusion about liability. Students often overlook the distinction between the majority Redline view and proximate-cause jurisdictions.

Questions typically involve a fact pattern where a co-felon is killed during a felony, requiring students to analyze the justification of the killing and the implications for felony murder liability.