MPC "Felony Murder"

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
A'nold
Posts: 3622
Joined: Sat Oct 04, 2008 9:07 pm

MPC "Felony Murder"

Postby A'nold » Mon May 03, 2010 2:58 am

So.......do you guys know if the enumerated felonies are the only felonies that trigger the MPC's version of the Felony Murder Rule? I think I remember my prof. saying that but I don't know for sure.

User avatar
PSLaplace
Posts: 53
Joined: Fri Oct 24, 2008 4:33 pm

Re: MPC "Felony Murder"

Postby PSLaplace » Mon May 03, 2010 3:17 am

Yes, only the commission of the enumerated felonies creates a presumption of extreme recklessness.

However, note that the prosecution can often argue for extreme recklessness if the death occurred during the commission of a non-enumerated felony; they just don't get the presumption of extreme recklessness.

User avatar
A'nold
Posts: 3622
Joined: Sat Oct 04, 2008 9:07 pm

Re: MPC "Felony Murder"

Postby A'nold » Mon May 03, 2010 4:03 am

PSLaplace wrote:Yes, only the commission of the enumerated felonies creates a presumption of extreme recklessness.

However, note that the prosecution can often argue for extreme recklessness if the death occurred during the commission of a non-enumerated felony; they just don't get the presumption of extreme recklessness.


Thanks, that's very helpful. Thanks for the tip about the prosecutor still being able to argue it.

Bhuff
Posts: 4
Joined: Wed Jun 03, 2009 1:43 pm

Re: MPC "Felony Murder"

Postby Bhuff » Tue May 04, 2010 4:13 pm

A'nold wrote:
PSLaplace wrote:Yes, only the commission of the enumerated felonies creates a presumption of extreme recklessness.

However, note that the prosecution can often argue for extreme recklessness if the death occurred during the commission of a non-enumerated felony; they just don't get the presumption of extreme recklessness.


Thanks, that's very helpful. Thanks for the tip about the prosecutor still being able to argue it.


It can be either the commission of an enumerated felony in the statute or a felony that is inherently dangerous depending on jurisdiction.. Note that under the felony-murder rule, Murder is elevated to the first degree. Now if someone dies during the commission of a felony unenumerated or not inherently dangerous, some jurisdictions hold that the perpetrator will be guilty under the Felony-Homicide Rule...

Also keep in mind that some jurisdiction will not hold any defendant guilty of felony-murder if the victim murdered was an active participant during the commission of the crime

User avatar
apper123
Posts: 985
Joined: Thu Jan 01, 2009 11:50 pm

Re: MPC "Felony Murder"

Postby apper123 » Tue May 04, 2010 4:26 pm

i think putting it in quotes is brilliant

i dont think you intended that

but still brilliant




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: lovesthelaw, Yankees1313 and 9 guests