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Terms in this set (81)

Homicide where have an underlying felony also.

DEF:
1. A homicide (THE PHYSICAL ACT OF MURDER)
2. committed during the perpetuation
i) (Begins from ATTEMPT: when cross line from preparation to beginning the crime. Ends
when the felon reaches a place of TEMPORARY SAFETY.)
3. of an INHERINTLY DANGEROUS FELONY

BARRK
1. Burglary
2. Arson
3. Rape
4. Robbery
5. Kidnapping

MINORITY RULE:
1. If have a non-dangerous felony
2. committed
3. in a dangerous manner
4. then FMR can apply.
i) Larceny: person takes all there money, and the person takes all there money: and the person dies of cancer.

4. The felony must be INDEPENDENT from the act that caused death:
i) No assault / no battery: Bc in order to kill someone, you have to do this anyway, so no bootstrapping this to FMR.
ii) Usually if have assault / battery wo intent to kill will be INVOLUNTARY MANSLAUGHTER.

5. A defense to the felony: is a defense to the FMR need to prove D committed the underlying felony.
i) Duress:
ii) But cant choose to Kill under duress and get off completely, might be able to get it down to voluntary manslaughter.

6. VICAROUS LIABILITY: FMR:
1. Common law: At common law all felons are liable for a death caused by a co-felon. By case law this has been modified to provide some EXCEPTIONS

MAJ:
1. If a non-felon kills a co-felon: NO FMR for the surviving co-felons. Argument is this a justified killing so no FMR.

MIN:
1. If you have a non-felon kills another non-felon: sometimes FMR / Sometimes not.

7. PROXIMATE CAUSE: the homicide
that occurred must have been the PROXIMATE result of the felony: the homicide must be a foreseeable result of the felony.