Conspiracy and felony murder question, help plz!

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
brickman
Posts: 347
Joined: Mon Jun 29, 2009 2:59 am

Conspiracy and felony murder question, help plz!

Postby brickman » Fri Nov 25, 2011 11:54 am

IF A,B, and C agree to commit a robberies and one day A and B rob a bank and durning that robbery a customer is shot by A and the customer dies, can C be liable for felony murder?

under pinkerton one is liable for the substantive criminal acts of other conspirators that are in furtherance, within the scope and are foreseeable.

certainly the robbery was foreseeable, within the scope, and in furtherance...but was the homicide and thus the felony murder?

dunno why this is tripping me up, help is greatly appreciated.

User avatar
Mce252
Posts: 940
Joined: Thu Jun 11, 2009 12:43 pm

Re: Conspiracy and felony murder question, help plz!

Postby Mce252 » Fri Nov 25, 2011 11:59 am

I think you could certainly argue that C is liable. Violence is foreseeable and within the scope of an armed robbery. I think there may be a split in courts on whether the Pinkerton Doctrine applies to felony murder, but I know in its broadest form that it does. Additionally, you may be able to analyze it outside of felony murder if there was a reckless mens rea in the shooting.

23402385985
Posts: 413
Joined: Fri Feb 04, 2011 2:44 pm

Re: Conspiracy and felony murder question, help plz!

Postby 23402385985 » Fri Nov 25, 2011 12:06 pm

If C actively participated in the planning state, than C is likely to be liable.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: Baller31, BeeTeeZ, cdemps3 and 19 guests