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Concept Breakdowns

Felony Murder Rule and Inherently Dangerous Felonies

These flashcards cover the felony murder rule, a heavily tested doctrine on the bar exam that holds defendants liable for murder when a death occurs during the commission of certain felonies. The rule eliminates the need to prove malice aforethought for the murder charge, but courts limit its reach to inherently dangerous felonies. Knowing which felonies trigger the rule, how jurisdictions define inherently dangerous, and key exceptions like the merger doctrine is essential for bar exam success.

Interactive Deck

5 Cards
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What is the felony murder rule?

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The felony murder rule imposes liability for murder on any participant in an enumerated or inherently dangerous felony when a death results during its commission or flight.

  • No malice aforethought required — death during the felony substitutes for it
  • Common law enumerated felonies: BARRK — Burglary, Arson, Rape, Robbery, Kidnapping
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How do courts determine if a felony is inherently dangerous?

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Courts use one of two tests:

  • In the abstract (majority): the felony is inherently dangerous if the offense, by its very nature, cannot be committed without creating substantial risk of death
  • As committed (minority): looks at how the specific defendant committed the crime

The abstract approach tends to limit the felony murder rule more strictly.

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What is the merger doctrine and how does it limit felony murder?

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The merger doctrine bars use of the felony murder rule when the underlying felony merges into the homicide — typically when the felony is an integral part of the killing itself.

  • Assault merges into homicide — cannot trigger felony murder
  • Robbery does not merge — can trigger felony murder
  • The doctrine prevents every assault-causing-death from automatically becoming murder
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Who qualifies as a co-felon under the felony murder rule?

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How does the MPC limit the felony murder rule compared to common law?

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Frequently Asked Questions

What are the BARRK felonies for the felony murder rule?

BARRK is a common law mnemonic for the enumerated felonies that trigger the felony murder rule: Burglary, Arson, Rape, Robbery, and Kidnapping. A death occurring during any of these felonies or flight therefrom supports a felony murder charge without requiring proof of premeditation or malice.

What is the difference between agency theory and proximate cause theory in felony murder?

Agency theory (majority): felony murder only applies when the killing is committed by a co-felon acting in furtherance of the felony — liability does not extend to deaths caused by a resisting victim or police officer.

Proximate cause theory (minority): liability attaches if the death was a foreseeable consequence of the felony, even if a third party pulled the trigger.

Does the felony murder rule apply if the killing occurred after the felony ended?

No, in most jurisdictions. The rule covers deaths that occur during commission or immediate flight from the felony. Courts look at factors like whether the defendants had reached a point of temporary safety and whether the causal chain was broken. Once flight ends and defendants reach safety, the felony murder rule no longer applies.