Whenever you are doing a FMR analysis, there are 4 limits that you 
should run: (M. I. C. A.)

1. (M) MERGER- 
FMR doesn't apply if the underlying felony is an offense that is an 
INTEGRAL PART or INCLUDED in the homicide itself. If the FELONY is 
not sufficiently independent of the death, it MERGES with it. 

* IF IT MERGES, NO FMR.

**ASSAULT is an integral part or is included when you are committing 
murder, therefore assault merges with murder. So, NO FMR. 

Example: To kill my cheating boyfriend, I assault him with a deadly 
weapon- machete, knife, hammer, etc. The prosecution cannot use the 
assault as the underlying felony because my hacking him to death or 
hammering him to death is INTEGRAL in my committing the murder. 

*** This is what Prof. Chang and Allyson brought up. Sharon touched 
on this as well. 
_______________________________

2. (I) INHERENTLY DANGEROUS-- 
Lowers first-degree murder to second degree murder. (I covered this 
in the previous post).
_______________________________

3. (C) CAUSATION- 
Make sure you have ACTUAL and PROXIMATE CAUSE. 

* Look at the 
-TIME
-PLACE
-MANNER
between the underlying felony and the death. 

Argue accordingly. If you were the prosecutor, you would argue that 
the there was enough causation. If you were the defense attorney, 
you would argue that there was too much time that had passed, etc.
_______________________________

4. (A) ACCOMPLICE LIABILITY- 
Use this when MULTIPLE Defendants are involved. The killing must've 
been done by ONE of the felons. BOTH or ALL defendants must be 
*ACTING IN CONCERT. (*buzz word for midterm/final).

Definition of Accomplice- "A person is an accomplice in the 
commission of an offense if he intentionally aids the primary party 
to commit the offense charged. 

******************************you'll cover this more in class later.
ELEMENTS OF AN ACCOMPLICE- 
1. aid and abett/encourage
2. intent for target crime 

3 ways to assist:

1. physical conduct- holding down the victim, while the other one 
kicks him; going to the bank the day before and checking out the 
security, etc; buying the gun and supplies for the heist, etc.

2. psychological influence- "yeah, kill him!" "yes, go rape her!"

3. assistance by omission- a parent stands and does nothing as a 
person strangles their child. (MUST HAVE DUTY TO INTERVENE).

******** There are other limits:
Agency Theory-
Red Line Rule- 
Are you guys responsible for this as well? Let me know and I'll 
expand... 

Stay tuned for some examples of FMR... exciting! fun!
Anna