Let's back up... First of all, MURDER. When you are trying to prove 
that someone is guilty of murder, one of the elements you must prove 
is that they had the requisite Mens Rea-- they had the INTENT TO 
KILL, right?

In the example that Faye brought up, did the spouse have the intent 
to kill either his wife or the other guy when he shot into their 
room? No. He didn't have the intention of killing her. BUT, she's 
dead. So, does that mean that he gets off scott free because he 
didn't mean to kill her? NO NO NO!

Felony Murder Rule exists for this purpose. Basically, think of it 
this way: we all know people should not commit crimes. However, if 
you're going to commit one, FOR GOODNESS' SAKES, BE CAREFUL NOT TO 
KILL ANYONE!!! Because even if you don't INTEND TO KILL anyone, if 
someone dies WHILE you are committing your felony, YOU WILL BE 
CHARGED WITH MURDER!

Does that make sense? FMR basically helps the prosecutor get MURDER 
even without the INTENT. All they need to prove is the INTENT to 
commit the UNDERLYING Felony (*underlying felony is a buzz word- use 
it in your midterms!)...

Under COMMON LAW FMR is defined as: "A person is guilty of murder if 
she kills another person DURING THE COMMISSION or ATTEMPTED 
COMMISSION of any felony." Under most modern statutes, states 
enumerate (list) which FELONIES they are referring to. Commonly they 
are B.A.R.R.K. 

Burglary, Arson, Rape, Robbery, Kidnapping.

So FMR can be broken down into first degree murder and second degree 
murder.

If someone dies in the commission of ANY of those ENUMERATED 
FELONIES: it is FIRST DEGREE MURDER.

If the FELONY they were committing, IS NOT ENUMERATED, then you try 
to get them on SECOND DEGREE MURDER. How?

1. Look to see if the felony is an INHERENTLY DANGEROUS FELONY 
(*buzz word, must go in your midterm!).

2. What does "inherently dangerous" mean? The way to determine 
inherently dangerous depends on the JURISDICTION the state is in.

3. MAJORITY of states: "case by case basis" (*buzz word)
MINORITY of states: "abstract" (*buzz word)
******CALIFORNIA is in the MINORITY, follows the ABSTRACT TEST.

CASE BY CASE: Look at the facts of the case and see if its 
inherently dangerous to do what the defendant did. 

ABSTRACT: Look at the FELONY in and of itself. Ask if the FELONY 
could be committed without the RISK of Death. 

*If yes, it could be committed without the risk of death then NO it 
is not inherently dangerous.

*If no, it could NOT be committed without the risk of death, then it 
is inherently dangerous.

TIP: it is much easier to pass the CASE BY CASE test and get 2nd 
degree murder than it is to pass the ABSTRACT test. So if you were a 
prosecutor, you would rather be in the majority of states... remember 
that!

OVERALL, you must be convicted of the underlying felony to get Felony 
Murder Rule. The death and the crime must be causally connected and 
it must be foreseeable. 

Please ASK questions if I confused anyone more... I'll address the 
limits on FMR in a following email... the computer lab people are 
kicking me out!

Anna