[Illbay]

I'm sorry, I don't understand how a reckless act that is nevertheless not intended to cause injury can be called "felony murder." Perhaps you can enlighten me.

[Poohbah]

I'm sorry, I don't understand how a reckless act that is nevertheless not intended to cause injury can be called "felony murder." Perhaps you can enlighten me.

Arson is a felony. Death incidental to any felony, whether recklessly or maliciously committed, is viewed as felony murder in some jurisdictions.

[lawgirl]

In some states in the US, if you commit certain felonies, and arson is a great example, and in the execution of that felony, if someone is killed then you can be charged with felony murder. Felony murder usually carries the same punishment as first or second degree murder. Forget manslaughter.

It doesn't matter if you intend for someone to die, or even for instance in arson, if you knew anyone was in the building. Another example is armed robbery. If three thugs rob a store and one of them shoots and kills someone in the store, they can ALL be charged with first degree murder.

Accidental death or lack of intent are not defenses. So, I hate to say it, but I agree with the ten years Ted Maher got.

I did a quick online search, and here is one case in Rhode Island from 2000 that talks a lot about the doctrine. http://www.geocities.com/wrongfulconvictions/diaz/felonyMurder.htm