Felony Murder
An unlawful homicide that occurs in the commission or attempted commission of a felony, which is considered first degree murder by operation of this doctrine. In many modern statutes, only homicides that occur in the course of certain specified felonies are “felony murders.” See N.J.S.A. 2C: 11-3 (3). The evil mind or malice that is necessary to find someone guilty of murder is implied or imputed from the actor’s intent to commit a felony. See 383 F. 2d 421, 426. For example, if someone burned down a warehouse and thereby committed arson, which resulted in the death of a person in the building, the arsonist is guilty of first degree murder (”felony murder”) even if he did not know of the presence of the person and he had taken special precautions to try to avoid any loss of life. The harshness of this doctrine has led to a limitation of its use except against the person who actually committed the underlying felony. See Model Penal Code §§210.1 et seq.
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