Felony Murder Rule

The felony murder rule is a doctrine originating in English common law that elevates a homicide occurring during the commission (or attempted commission) of a felony to murder, regardless of whether the defendant intended, foresaw, or personally caused the death. The traditional rationale is that the mens rea (criminal intent) required for the underlying felony is "transferred" to supply the intent for murder.

In the United States, the rule survives in most states, though typically restricted to enumerated "inherently dangerous" felonies such as arson, rape, robbery, burglary, and kidnapping. Many jurisdictions distinguish first-degree felony murder (predicate felonies listed by statute) from second-degree felony murder (other dangerous felonies). Co-felons can be liable for a death caused by an accomplice, and in some states even for deaths caused by police or victims under the "proximate cause" theory, though other states apply the narrower "agency" theory limiting liability to killings by a co-felon.

England and Wales abolished the rule in the Homicide Act 1957, section 1. Canada's Supreme Court struck down the constructive murder provisions of its Criminal Code in R v Vaillancourt (1987) and R v Martineau (1990), holding that murder convictions require subjective foresight of death under the Canadian Charter. Most civil-law jurisdictions never adopted the doctrine.

Within the U.S., reforms have accelerated. Hawaii, Kentucky, and Michigan have effectively abolished or sharply curtailed the rule, and California's SB 1437 (2018) limited felony murder liability to those who killed, intended to kill, or acted as a major participant with reckless indifference to human life — codifying the standard from Tison v. Arizona (1987) and Enmund v. Florida (1982), which restricted the death penalty in felony murder cases.

Critics argue the rule produces disproportionate sentences, especially for accomplices and youth; defenders contend it deters dangerous felonies and recognizes the heightened risk such crimes impose on victims.