CRM/LAW C144 Chapter Notes - Chapter BURTON, FORD, and HINES: Felony Murder Rule, Diminished Responsibility, Prescription Drug

• School: UC-Irvine
• Department: Criminology, Law and Society
• Course: CRM/LAW C144
• Professor: Meeker

Document Summary

Defendant killed a person in the course of committing an armed robbery. In ireland, defendant shot and killed his wife, claimed that alcohol, prescribed medications, and cumulative emotional pressure established diminished capacity sufficient to preclude the malice required for murder. Judge instructed the jury on the felony-murder rule, utilizing assault with a deadly weapon as the supporting felony: malice was imputed, thus defense was substantially eviscerated of diminished capacity to negative malice. In wilson the underlying felony which supported the felony-murder instruction was burglary specifically entry coupled with the intent to commit assault with a deadly weapon. He argues that armed robbery includes as a necessary element assault with a deadly weapon. Finding that, because no evidence showed the defendant knew there was an apartment below him or that the victim was present, his possession of a firearm could not support a conviction of felony murder. Hines v. state (2003) p. 505 case brief.