Felony Murder: Agency vs. Proximate Cause

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jemes21
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Joined: Fri Jul 09, 2010 1:38 pm

Felony Murder: Agency vs. Proximate Cause

Postby jemes21 » Tue Jul 17, 2012 4:28 pm

For the NY Bar: Kaplan seems to say that Agency theory is the majority rule, but BarBri says that Proximate Cause theory is the majority rule (this is coming from the Kaplan PMBR videos and the BarBri crim videos). Does anyone have any insight?

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I.P. Daly
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Joined: Fri Nov 19, 2010 3:27 pm

Re: Felony Murder: Agency vs. Proximate Cause

Postby I.P. Daly » Tue Jul 17, 2012 5:56 pm

NY applies the proximate cause approach to felony murder. The Redline doctrine is an affirmative defense in NY.

Kaplin NY multiple choice explanation:
"A felon is liable for any death that is the proximate result of the felony, whether the killer is a felon or not. The common law typically classified rape as a felony-murder crime, but under New York law, rape in the second degree is not considered a felony-murder crime."

Edit: Sorry, you're not asking about NY specific. Right, according to Kaplan, the agency theory is the majority rule. That's also what my Lexis crim law capsule summary says, but I think Kaplan and Lexis are partners.

ahshav
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Joined: Sun Dec 07, 2008 8:14 pm

Re: Felony Murder: Agency vs. Proximate Cause

Postby ahshav » Tue Jul 17, 2012 6:25 pm

Seems like barbri is probably wrong, and the agency approach is the majority rule: viewtopic.php?f=10&t=186174&start=2575#p5707643




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