Criminal
Nov. 16, 2018
Did California over reform the felony-murder rule?
The reform law, as written, appears to repeal the second-degree felony-murder rule altogether.
Kevin Cole
Professor
University of San Diego School of Law
Professor Cole is editor of the CrimProf Blog.
Unaware that her accomplices in burglary are armed, Driver awaits their return in a getaway car. She hears gunfire. Under the felony-murder rule, she may well be guilty of murder -- regardless of whether her accomplices discharged their guns accidentally or on purpose. The felony-murder rule makes her responsible for her accomplices' shootings, conclusively establishes her culpable mental state based solely on her intention to assist the felony, and grades the offense...
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