ADMJ 103 Lecture Notes - Lecture 29: Mens Rea, Actus Reus, Perjury
22 Dec 2020
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Document Summary
The purpose of the f-m rule at common law is vague possibly not fully articulated b/c all felonies at common law were punished by death and therefore the rule had little practical impact. Contemporary rationalizations fall into 4 general categories: deterrence, transferred intent, retribution, and general culpability. Deterrence two strains: f-m rule is a doctrine intended to deter negligent and accidental killings during commission of felonies. Punishing both accidental and deliberate killings that result from the commission of a felony is the strongest possible deterrent to undertaking inherently dangerous felonies. Both justifications are logically flawed and neither has proven to have a basis in fact. Also, few felons are going to either know of the rule or believe that harm will result from their crime. Second, considerable doubt exists that serious crimes are deterred by varying the weight of punishment.
