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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