A defendant, while attempting to rob a convenience store, brandishes a fake gun at the cashier. The cashier, believing the gun to be real, suffers a heart attack and dies. The jurisdiction follows the common law felony murder rule. Which of the following is most accurate regarding the defendant's potential liability for the cashier's death?
- AThe defendant is not liable for felony murder because the cashier's heart attack was not a foreseeable consequence of the robbery.
- BThe defendant is liable for involuntary manslaughter because he did not intend to kill the cashier.
- CThe defendant cannot be liable for felony murder because the gun was fake, negating the element of deadly force.
- DThe defendant is liable for felony murder because the death occurred during the commission of an inherently dangerous felony (robbery).
Show answer & explanationAnswer & explanation
Correct answer: D. The defendant is liable for felony murder because the death occurred during the commission of an inherently dangerous felony (robbery).
Under the common law felony murder rule, a killing committed during the commission or attempted commission of an inherently dangerous felony (such as robbery) is murder. The intent to kill is not required; the felonious intent for the underlying felony is imputed. The fake nature of the gun is irrelevant if the victim's death was a direct result of the felony, and the death does not need to be foreseeable as long as it occurs during the felony.
Why the other options are wrong
- A. Under the common law felony murder rule, foreseeability of death is generally not a requirement; any death occurring during the felony can trigger the rule.
- B. Felony murder does not require intent to kill; the intent for the underlying felony (robbery) suffices for the murder charge.
- C. The felony murder rule does not require deadly force, only that a death occurs during an inherently dangerous felony. The victim's perception of danger is key.
Felony Murder Rule (Common Law)
A common law doctrine that imputes malice aforethought to a killing that occurs during the commission or attempted commission of an inherently dangerous felony, making it murder.
- No separate intent to kill is required.
- Applies to 'BARRK' felonies: Burglary, Arson, Rape, Robbery, Kidnapping.
- Death must be caused during the felony and not too remote.
Memory trick: Murder, Manslaughter: Degrees of Deadly Intent.