ADM JUS 2 Lecture Notes - Lecture 19: Transferred Intent, Malice Aforethought
Document Summary
One is guilty of murder if death results during the commission or attempted commission: states will distinguish between first and second degree felony murder. But we imply that degree of malice on the theory that they have participated in something that is inherently dangerous. They are afraid that its application is too broad. The rule applies as long as you intended to do the felony. But the prosecutor does not have to prove a mental state with respect to the death. So the death could completely occur accidentally, and yet, the prosecutor could convict the person of first degree murder. Here, we would be implying malice through the felony. We say that the individual wanted to commit the felony, and knew he was doing something wrong that could lead to these types of deaths. Ways to defend the felony murder rule: it has a deterrent effect.