ADMJ 103 Lecture Notes - Lecture 27: Proximate And Ultimate Causation, Arson, Homicide
Document Summary
Unintentional killings unlawful conduct: felony murder rule. Following they fled to avoid arrest and in the process they killed someone. Facts: broke into four vans and stole four tires. Holding: the fmr applies and respondents can be prosecuted for first degree. Rule: all murder which is committed in the perpetration of, or attempt to murder. perpetrate, arson, rape, robbery, burglary, mayhem, or lewd acts with a minor is murder of the first degree. This statute imposes strict liability for deaths committed in the course of one of the enumerated felonies whether the killing was caused intentionally, negligently or merely accidentally. People v. howard, scca, 2005 - the inherently dangerous limitation. Facts: tahoe without a rear license plate was signaled to pull over and failed to do so. During course of police chase, several traffic regulations were ignored and resulted in death of jeanette rodriguez due to car accident. Holding: second degree felony rule does not apply.
