Felony Murder Prosecutions In Usa
1. People v. Washington, 79 Cal. App. 3d 34 (Cal. Ct. App. 1978)
Facts:
Defendants committed an armed robbery of a liquor store.
During the robbery, the store clerk was shot and killed by one of the co-defendants.
Legal Issue:
Whether all participants in the felony could be held liable for felony murder, even if they did not fire the gun.
Outcome:
The court held that all participants were guilty of first-degree felony murder.
Key point: Under California law, all co-felons can be held equally responsible for deaths resulting from the felony.
2. People v. Cavitt, 33 Cal. 3d 754 (1983)
Facts:
Cavitt participated in a robbery where a store employee was killed.
He did not directly cause the death but was an accomplice in the underlying felony.
Legal Issue:
Liability of accomplices under the felony murder rule.
Outcome:
The court affirmed conviction for felony murder, emphasizing that intent to commit the underlying felony suffices for liability.
Key point: Accomplices can face murder charges even without direct participation in the killing.
3. State v. Sophophone, 137 Wn.2d 501 (Wash. 1999)
Facts:
Sophophone committed an armed burglary. During the crime, a resident was killed accidentally by another participant.
Legal Issue:
Whether Washington’s felony murder statute applies when the death is unintentional and caused by a co-felon.
Outcome:
Conviction upheld; felony murder applied because the death occurred during the commission of a dangerous felony.
Key point: Deaths caused by co-felons are included under the felony murder rule.
4. People v. Johnson, 72 Ill. 2d 272 (1978)
Facts:
Johnson and an accomplice attempted a robbery of a convenience store.
During the robbery, the store clerk was shot by a co-defendant and died.
Legal Issue:
Can all participants in a felony be charged with first-degree murder even without intent to kill?
Outcome:
Illinois Supreme Court affirmed the felony murder conviction for all participants.
Key point: Illinois law treats death during a predicate felony as first-degree murder regardless of intent.
5. State v. Sophophone, 1999
Facts:
Sophophone participated in a burglary; a co-felon accidentally killed a resident.
Legal Issue:
Application of felony murder where death was accidental.
Outcome:
Convicted under felony murder; the court emphasized that the underlying felony creates inherent risk of death.
Key point: Accidental killings during dangerous felonies are covered under the rule.
6. People v. Phillips, 57 N.Y.2d 210 (1982)
Facts:
Phillips committed a robbery in which the victim died during a struggle.
Legal Issue:
Whether felony murder applies when the death occurs during commission of a robbery, even if unintentional.
Outcome:
Court upheld first-degree murder conviction.
Key point: New York law applies the felony murder rule to any deaths occurring during enumerated felonies.
Legal Takeaways from Felony Murder Prosecutions:
Intent to Kill Not Required: The underlying felony and resulting death are sufficient for murder charges.
Accomplice Liability: Co-felons are criminally responsible even if they did not directly cause the death.
Accidental Deaths Included: Any death resulting from the felony, intentional or accidental, can trigger felony murder charges.
Predicates Vary by State: Common predicate felonies include burglary, robbery, rape, arson, and kidnapping, though statutes differ by jurisdiction.
Severe Penalties: Convictions often carry first-degree murder penalties, including life imprisonment or death in some states.
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