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	Murder - Facts, Information, and Encyclopedia Reference article
		In law, murder is the crime of a human being causing the death of another human being, without lawful excuse, and with intent to kill or with an intent to cause grievous bodily harm.
		Depending on the state, a murder may qualify as "capital murder" if (a) the person murdered was of a special class, such as a police officer; (b) "special circumstances" occurred in the crime, such as multiple murder, the use of poison, or "lying in wait" in order to murder the victim.
		Murder rates of Japan and Iceland are among the lowest in the world, around 0.5; rate of United States is highest among all developed countries, at 5.5 (2000).
	www.startsurfing.com /encyclopedia/m/u/r/Murder.html (3191 words)

	Felony murder - Wikipedia, the free encyclopedia
		The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder.
		To "qualify" for the felony murder rule, the felony must present a foreseeable danger to life, and the link between the underlying felony and the death must not be too remote.
		Felony murder is typically the same grade of murder as premeditated murder.
	en.wikipedia.org /wiki/Felony_murder (1480 words)

	Murder - Wikipedia, the free encyclopedia
		In criminal law, murder is the crime of causing the death of another human being, without lawful excuse, and with intent to kill or with an intent to cause grievous bodily harm, which is traditionally termed "malice aforethought".
		Murder rates of Japan and Iceland are among the lowest in the world, around 0.5; rate of United States is highest among all developed countries, at 5.5 (2004, [9]).
		Murder demographics are affected by increasing medical technology: victims that might once have died are now able to be saved, leading to a lower murder rate but not affecting the overall rate of violent assault.
	en.wikipedia.org /wiki/Murder (4378 words)

	Proposed Jury Instruction for Felony Murder (Site not responding. Last check: 2007-10-23)
		This concept, known as the felony-murder doctrine, applies where the commission of the enumerated felony or the attempt to commit the enumerated felony and the homicide or death of the victim were part of one continuous transaction, and were closely related in point of time, place and causal connection.
		Under the felony-murder doctrine, the State of West Virginia is not required to prove the elements of wilfulness, malice, premeditation, deliberation or that the Defendant had a specific intent to kill the victim.
		Under the felony- murder doctrine, the State is required to prove (1) the commission of or attempt to commit one or more of the enumerated felonies; (2) the defendant's participation in such commission or attempt; (3) the death of the victim as a result of injuries received during the course of such commission or attempt.
	www.state.wv.us /wvsca/jury/crim/felony.htm (311 words)

	State v. Reeves
		He was prosecuted under a felony murder theory, the State alleging that the deaths occurred in the commission or attempted commission of a sexual assault in the first degree.
		At trial appellant argued that he was not guilty of the felony murder counts because of his inability (due to voluntary ingestion of mescaline and alcohol) to form the requisite intent needed for a first degree sexual assault or an attempted first degree sexual assault.
		The State having proved the intent, the felony murder doctrine merely imputes the intent incident to the underlying felony to the killing, which is committed in the perpetration or attempted perpetration of any of the predicate offenses set forth in the statute.
	www.law.ua.edu /colquitt/crimmain/crimcase/reeves.htm (897 words)

	Felony Wisconsin Criminal Defense Lawyers - Law Firm Van Wagner & Wood, S.C. Attorneys Madison, Wisconsin
		For a Class C Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 40 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
		For a Class D Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
		For a Class E Felony, the penalty is a fine of up to $50,000, or imprisonment of up to 15 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
	www.vanwagnerwood.com /CM/Custom/felony.asp (727 words)

	[No title]
		The defendant contends (1) the felony murder doctrine creates a conclusive presumption of malice, (2) felony child abuse cannot be a predicate offense for felony murder, (3) death was not a "serious injury" as required by Code 18.2-371.1, and (4) the evidence was insufficient to prove criminal agency.
		Felony murder is the killing of another accidentally, contrary to the party's intention, while in prosecution of some felonious act other than those listed in the first degree murder statute.
		To determine whether felony child abuse is a lesser-included offense, we examine the two offenses and their elements in the abstract, rather than by reference to the facts of the case.
	www.courts.state.va.us /txtops/1743002.txt (1486 words)

	Massachusetts Murder Defense - Murder- Second Degree (Site not responding. Last check: 2007-10-23)
		For second degree felony murder, the same conditions as for first degree felony murder apply, with the exception that the underlying felony for second degree felony murder is punishable by less than death or a life sentence.
		As in the case of first degree murder, to convict of second degree felony murder, the law requires that the underlying felony be one which is inherently dangerous or committed in a manner which demonstrates the defendant's conscious disregard for the risk to human life.
		It should also be noted that, unlike first degree murder, a defendant in a second degree murder case may waive the right to a jury and submit to a trial in which a judge determines guilt or innocence, otherwise known as a bench trial.
	www.massmurderdefense.com /pages/murder-2nd.html (332 words)

	FELONY MURDER-
		In order for you to find the defendant guilty of felony murder, the State is required to prove beyond a reasonable doubt, from all the evidence in the case, all of the essential elements of the crime charged.
		Conspiracy to commit (predicate crime) is a separate offense from (predicate crime) and cannot be a basis for a conviction of felony murder.
		The second and third elements require the State to establish that the victim's death was caused by the defendant and was caused during the commission of or attempt to commit or flight after committing or attempting to commit the (insert predicate crime).
	www.judiciary.state.nj.us /charges/jury/homicide5.htm (1326 words)

	The 4 Types of Murder
		Murder with a “depraved heart,” also known as “malignant heart murder,” is another form of unintentional killing where, again, the defendant is not being punished for intent to kill, but rather for extremely indifferent or wanton conduct.
		Another type of unintentional killing, felony murder is accomplished when someone is killed while the defendant is committing another felony.
		Felony murder, like intent to kill murder, can be both first or second degree.
	www.hashemilaw.com /4murder.htm (408 words)

	[No title] (Site not responding. Last check: 2007-10-23)
		Consistent with that view, then, we conclude that a defendant may be charged with murder under a felony-murder theory when an intended victim of the felony shoots and kills a cofelon of the defendant.
		Extending the doctrine to render a defendant guilty of first degree murder when his cofelon is killed by the intended victim of the attempted felony so dilutes the justification for the felony-murder doctrine as to make it absurd and unfair.
		It is illogical to conclude that the same degree of guilt should attach where a defendant's felony results in the death of an innocent party and where it results in the death of an active participant in the felony.
	www2.newpaltz.edu /~zuckerpr/cases/dekens.htm (2233 words)

	OCCA: OUJI-CR 4-93 (Site not responding. Last check: 2007-10-23)
		The instruction is proposed as a means of focusing the jury's attention upon the two critical elements of felony murder: commission of a felony, and death to the victim as a consequence of the defendant's conduct in committing that crime.
		Given the near identity of language, the Oklahoma precedent discussed in relation to first-degree felony murder, holding that all cofelons participating in the felony may be convicted of murder where the conduct of any one of the participants causes death in the commission of the crime, seems fully applicable.
		Another limitation is that an enumerated felony for first degree felony murder cannot serve as the basis for a second degree felony murder charge.
	www.occa.state.ok.us /online/oujis/oujisrvr.jsp?o=183 (813 words)

	felony - Encyclopedia.com
		felony, any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.
		In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving his prospective heirs of their inheritance.
		Felonies are usually tried by jury, and in some states the accused must first have been indicted by a grand jury.
	www.encyclopedia.com /doc/1E1-felony.html (713 words)

	WHAT'S WRONG WITH THE FELONY MURDER RULE
		Second-degree murder is one in which the defendant, as a "reasonably prudent person," knows that the circumstances may cause the death of another person.
		Murder and manslaughter are included among homicides, but not all homicides are a crime, particularly when there is a lack of criminal intent.
		The felony murder rule does not take into consideration the defendant's motivation during the crime, thus relieving the prosecution of its burden of proving intent to kill, which is a necessary element in all other murder cases.
	www.prisonsfoundation.org /letters/WHAT'S_WRONG_WITH_THE_FELONY_MURDER_RULE.html (977 words)

	HAND-OUTS FOR PHIL 22B ON THE WORLD WIDE WEB
		To be convicted of first-degree murder it is usually necessary to have acted in a premeditated way or to have committed the murder under circumstances presumed to be premeditated.
		As already mentioned, generally speaking, to be convicted of murder, one must either have acted with the intent to kill, or have exhibited extreme recklessness with regard to a human life, say, by emptying a loaded revolver into a crowded room.
		To be convicted of first degree murder, it is usually necessary to have acted in a premeditated fashion, or that the killing have taken place under circumstances presumed to be premeditated, for example, by administering poison.
	people.brandeis.edu /~teuber/handout35.html (1762 words)

	OSCN Found Document:By Felony Murder - In the Commission of Defined
		Since intent to effect death is not an element of the crime of felony murder, an accused may be found guilty of murder in the first degree where he/she engages in one of the specified felonies, and his/her personal conduct causes death.
		In this case, the defendant's conviction for murder of a police officer was upheld, although it could not be proved that the fatal bullet came from the gun the defendant was firing, rather than from the gun being fired by another officer.
		The statute defines murder in the first degree to include killings perpetrated during the course of a number of specified felonies, including forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first-degree arson, first-degree burglary, unlawful distribution of controlled dangerous substances, and trafficking in illegal drugs.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeID=81119 (1725 words)

	Locke Signs Felony Murder Bill -The Olympian (Site not responding. Last check: 2007-10-23)
		Felony murder applies to killings that occur in the commission of another crime, such as robbery.
		The decision came in the case of Shawn Andress, who was convicted of second-degree felony murder in the 1995 death of a man he stabbed during a West Seattle bar fight.
		Defense attorneys argued that prosecutors have used the felony murder law to win longer sentences for people who are essentially guilty of the lesser crime of manslaughter.
	theolympian.com /home/specialsections/Legislature/20030213/1665.shtml (439 words)

	[No title]
		On appeal defendant contends that: (1) he was convicted improperly of first-degree felony murder because the shooter's actions were lawfully justified; (2) he was deprived of the effective assistance of counsel; and (3) his conviction and ten year sentence for home invasion must be vacated because it was a lesser included offense of felony murder.
		Defendant first contends that his conviction for felony murder must be reversed because (1) the killing of Medrano was lawfully justified and therefore not within the statutory definition of felony murder; (2) the killing was not foreseeable; and (3) the jury was not instructed properly as to the elements of felony murder.
		Application of the felony murder doctrine does not depend on the guilt or innocence of the person killed during the felony or on the identity of the person whose act caused the decedent's death.
	www.state.il.us /court/OPINIONS/AppellateCourt/2003/1stDistrict/July/Html/1013757.htm (4597 words)

	FELONY MURDER/LACK OF INTENT
		The defendant argued that a felony murder instruction was given and the evidence did not show that the defendant had the requisite intent to kill.
		A felony murder conviction is not relevant to a determination of mitigation where the defendant intended to kill or knew with substantial certainty that his conduct would cause death.
		The giving of a felony murder instruction is not relevant where the defendant intended to kill the victim or where the defendant knew with substantial certainty that his conduct would cause death.
	www.supreme.state.az.us /courtserv/CrtProj/capsentguid/page32b.htm (4875 words)

	The Denver Post - Felony murder: "legal fiction"?
		Felony murder, found in the majority of states but with varying degrees of punishment, has been around since Colorado became a state - and long before that in English common law.
		It holds defendants liable for first- degree murder if they commit or attempt certain felonies, such as burglary or robbery, and someone dies "in the course of or in furtherance of the crime," according to the law.
		Once prosecutors file a felony murder charge, the jury must determine only the facts regarding the underlying felony - robbery, in Jones' case - and whether a death was caused in the process.
	origin.denverpost.com /teencrime/ci_3527304 (2829 words)

	My document template
		Felony murder: A homicide that occurs in the perpetration or attempted perpetration of a felony is deemed to be murder without regard to the defendant’s state of mind.
		A response to this might be the point that felony murder is inconsistent with the rest of homicide law.
		Smith: Rule is that when the underlying felony is such as an assault, logically included within the acts that lead to the killing, then it cannot be considered independent of the act of murder, UNLESS it is done in furtherance of an independent felony.
	www.nvo.com /mikelaw/nss-folder/crim/crimoct11notes.htm (1171 words)

	DenverPost.com - Felony murder: "legal fiction"?
		Felony murder, found in the majority of states but with varying degrees of punishment, has been around since Colorado became a state - and long before that in English common law.
		Appellate decisions repeatedly have affirmed the felony murder statute's wide-ranging scope.
		Once prosecutors file a felony murder charge, the jury must determine only the facts regarding the underlying felony - robbery, in Jones' case - and whether a death was caused in the process.
	www.denverpost.com /teencrime/ci_3527304 (2855 words)

	[PRISONACT] Re: Check out Change Felony Murder Rule Petition (Site not responding. Last check: 2007-10-23)
		Murder and manslaughter are included among homicides, but not all ho= micides are a crime, particularly when there is a lack of criminal intent.
		The felony murder rule does not take into consideration the suspect's mo= tivation during the crime, thus relieving the prosecution of its burden of = proving intent to kill, which is a necessary element of murder in all other= murder cases.
		Under the felony murder rule, the defendant's state of mind is irrelevan= t.
	www.prisonactivist.org /pipermail/prisonact-list/2003-April/006997.html (1108 words)

	[No title]
		After a jury trial, defendant was convicted of first-degree premeditated murder, MCL 750.316(1)(a); MSA 28.548(1)(a), first-degree felony murder, MCL 750.316(1)(b); MSA 28.548(1)(b), assault with intent to murder, MCL 750.83; MSA 28.278, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2).
		Defendant was sentenced to concurrent prison terms of life without parole for the premeditated murder conviction, life without parole for the felony murder conviction, and fifteen to thirty years for the assault conviction.
		Among the predicate felonies enumerated in the felony murder portion of the first-degree murder statute is "larceny of any kind." MCL 750.316(1)(b); MSA 28.548(1)(b).
	www.michbar.org /opinions/appeals/1999/101299/5300.html (1691 words)

	[No title]
		The concept of felony murder, as it is known, is centuries old and grew out of the idea that someone who undertakes a dangerous, illegal act should be held accountable for whatever happens because of that crime.
		Steven Rosenblum said the crime fit felony murder "to a T." It was clear the defendants had not come merely to collect a debt, as they claimed, but to do the victim serious harm, he said.
		Also, a number of jurisdictions limit the types of crimes and circumstances considered felony murder, requiring, for instance, that the defendant be armed, that the victim not be a co-felon or that the death not be accidental.
	venus.soci.niu.edu /~jthomas/class/News/felony-murd1 (1611 words)

	Felony-Murder Rule: West's Encyclopedia of American Law
		A RULE OF LAW that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
		The rule becomes operative when there is a killing during or a death soon after the felony, and there is some causal connection between the felony and the killing.
		Initially it was strictly applied, encompassing any death that occurred during the course of a felony, regardless of who caused it.
	law.enotes.com /wests-law-encyclopedia/felony-murder-rule (148 words)

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