Justifiable Homicides Counted as Murder Under Felony Murder Rule

Ammoland ^ | 28 January, 2018 | Dean Weingarten

[marktwain]

The Felony Murder Rule is a law where a person who is involved in a felony can be charged with murder if someone dies as a result of the felony. 

From justia.com:

The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.

The felony murder rule is often applied when an armed victim kills one of the criminal suspects attempting to victimize them. If there is a surviving accomplice, the accomplice may be charged under the felony murder rule.

Only four states do not have the felony murder rule in some form. Hawaii, Delaware, Kentucky, and Michigan have no felony murder rule.  They eliminated the rule between 1973 and 1980 as part of capital punishment reform.

If someone is charged with murder under the felony murder rule, the homicide will be coded as a murder in the FBI Uniform Crime Reports, not as a justified homicide. Examples of this practice are easily found online.

From amarillo.com:

Amarillo Police Department has identified the man shot at La Bella Pizza on Olsen Boulevard as Clayton Jerrell Morgan,

[marktwain]

If an accomplice is charged under the Felony Murder Rule, the homicide is counted as a murder, not a justified homicide.

This helps explain that only about 20% of justified homicides are reported in the FBI Uniform Crime Reports.

[knarf]

SOME of my youth was extremely ill spent and dangerously close to being eliminated, but by HIS Grace, I am saved.

Having said that;

I disagree with this rule/law.

The so called "logic" of deterring some from a crime in fear of being charged with murder is ludicrous in that, the vast majority of "criminals" are kids that are either twisted at a young age and really are dangerous or just being stupid for whatever reason ... going along with the crowd, wanting to be accepted, etc.

In either case the charge does nothing but add to an existing statistic.

The stupid kid never gets a chance to see his stupidity and repent.

I was one of those fortunate to have that opportunity.

[Brooklyn Attitude]

So if 10 people decide to do a flash robbery of a convenience store and the owner shoots one and the rest escape, it goes on the books as 10 homicides? 9 for the accomplices and 1 for the owner, even if the owner is not charged.

[WayneS]

If classification of the homicide should be based on the actions of the person who did the killing, whether or not anyone is charged with “felony murder” as a result.

If the homicide is justifiable from the standpoint of the person who actually did the killing, then it should not be included in murder statistics.

[marktwain]

it goes on the books as 10 homicides?

---

No. There is only one person killed, so only one homicide.

The question is whether it is coded as a murder or a justified homicide.

It will not be coded as both.

Because someone is charged with murder, it will be coded as murder.

[oldplayer]

I don’t have a problem with this. Sometimes the accomplice NEEDS the extra punishment that the felony murder rule allows. Otherwise, a ring-leader or accomplice as bad as the shooter gets no more than a slap on the wrist while being deeply involved in an event that cost a life.

Juries have the ultimate say, and they are quick to nullify the law when they feel a prosecutor is over-reaching.

[Gay State Conservative]

One could argue that a policy such as this would tend to deter people from participating in what might appear to be a small crime.

"OK,we'll go into the 7 Eleven,stick a gun in the clerk's face and make off with $100".

But the clerk pulls a gun...your pal shoots and kills the clerk...and all the time your pal told you that the gun was a fake.

[Little Ray]

I’m good with this.

[PAR35]

One homicide - you count bodies, not conspirators - but 9 potential murder convictions.

[marktwain]

The point is the homicide is counted as a murder and not a justified homicide.

The statistics are skewed toward more murders and less justified homicides.

[I want the USA back]

Yes, absolutely. The non-shooter is nevertheless part of the driving force behind the action. The shooter is the one with the gun. Both participate in the intent of the action.

Same goes for any other crime.

[MileHi]

This helps explain that only about 20% of justified homicides are reported in the FBI Uniform Crime Reports.

Anti gun/CCW groups love to use that skewed statistic to undermine the value of self defense.

[marktwain]

Exactly.

They cite the low numbers of justified homicides recorded by the FBI as proof that few people use firearms for self defense.

It is all bogus.

[zeugma]

The point is the homicide is counted as a murder and not a justified homicide.
The statistics are skewed toward more murders and less justified homicides.

Goes to show that they are completely uninterested in truth. Once again the government is lying to us. The government lies even when the truth would suffice.

[G-Bear]

“There are four kinds of homicide; felonious, excusable, justifiable, and praiseworthy.” Ambrose Bierce

[PAR35]

The point is the homicide is counted as a murder

Because legally, in most states, it is. But that wasn't the point with which I was interacting if one tracks back up the thread.

[marktwain]

I understand, and you are correct. All 9 might get murder convictions.