Fissell Felony Murder CAAF Presentation

Felony Murder

Part I: Liability Part II: Capital Punishment Lecture adapted from: G. Binder, Making the Best of Felony Murder (2011). Boston University Law Review, Vol. 91, p. 403, 2011; Binder, Fissell, & Weisberg, Capital Punishment for Unintentional Felony Murder, Notre Dame Law Review (Forthcoming).

Real Life

? Has anyone tried a felony murder case? ? What were the facts?

Part I: Liability

Traditional "Murder" Grading

? The most severe grade of "homicide," which is killing another person.

? Homicide grades, based on mental state with respect to victim's death:

Negligent: "involuntary manslaughter" Reckless: "involuntary manslaughter" Extreme Indifference to Human Life: Murder Intentional:

Intentional w/ excuse/mitigatory ? "voluntary manslaughter". Mitigated by provocation, or unreasonable self-defense.

Intentional: "second degree murder" Intentional w/ premeditation/deliberation ? "first degree murder"

? The implication of "murder" ? capital punishment. Kennedy v. Louisiana.

? Outside of traditional schema: felony murder

Culpability Refresher -- MPC

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