Felony Murder Limitations

In accordance to the Penal Law, Murder in the first degree is defined “With intent to cause the death of another person, he causes the death of such person… the victim was killed while the defendant was in the course of committing / attempting to commit in furtherance of robbery [or other such felonies.]{§125.27(1)(a)(vii)}” This is also known as

Rule: Felony murder rule: When a crime occurs during an inherently dangerous act like a robbery (Katz 2013).

Based on the definition of murder is, The killing of another human being under conditions specifically covered law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation or occurring during the

A homicide is the killing of another human individual by premeditation, meaning that it is done intentionally and with no validation (Gambetti, 2016). Arizona tittle 13- criminal code is a section of the Arizona statutes are divided into sections to classify each of the statutes and the circumstances it falls under. Homicide is found under Chapter 11 of the tittle 13 criminal code and provides the definition of homicide, the different types of homicide and the circumstances in which a law may be considered homicide. The criminal code- tittle 13 is used by the state legal system so they are able to follow and handle a case correctly with the right charges and punishment it pertains.

The state of New Mexico defines murder in the first degree as the killing of one person by another without a lawful justification or excuse. Any action resulting in death, which can be proven to have been willful, deliberate and premeditated; committed during the commission or attempt to commit a felony; or by an act so dangerous to the lives of others that it indicates a depraved mind and disregard for human life, is a capital felony (NM Stat § 30-2-1). Currently, capital felonies are subject to a sentence of life imprisonment, or a “true life imprisonment” sentence which provides no option for release or parole (NM Stat § 31-18-14). However, from 1979 to 2009, New Mexico carried a harsher set of punishments for first-degree murder; life in prison with the possibility of parole, or the death penalty.

1. In reviewing Arizona DPS Crime in Arizona 2015 section State Crime Data: Arizona Crime Clock. Under reported crimes, one violent crime occurs every 21 minutes 43 seconds. One in which being a murder every thirty-two hour 15 mins; for every three hours and twelve minutes there's rape; for every one hour and twenty-four min there's an assault; and every eight hours and seven minutes there's an arson. These are accounting for crimes reported in the state of Arizona. This is the state crime index for Arizona showing almost two hundred thirty thousand of the total of the number of index offenses. one of the offenses was murder; murder is defined as the willful (non-negligent) killing of one human being by another. The classification of this offense is based solely on police investigation as opposed to the determination of a court, medical examiner, coroner, jury, or other judical body. The UCR program does not include deaths caused by neglagince, suicide or accident which are scored as aggravated assults . The highest day of the week is Saturday for murders, however is six a clock to two o'clock is when most likely the murders. The commonly used weapons in Arizona in a murder is a handgun. The highest percent of the murder distribution by relationship is unknown as thirty-seven-point five percent. The most common death as the victim would be the thirty through thirty-four. There were a lot of robberies in 2015; the highest value place to be robbed is a commercial home for the price of 1- million dollars " now that was a steal". The most common weapon that was being used in the 2015 robberies were

Robert Lee Thompson and Sammy Butler had intent to rob Seven Evenings convenience store, which was a felony. The felony murder rule applies to anyone who conspires to commit a felony and may be charged with felony murder if they are accomplices with someone who did commit the murder. (Davenport, 2012, p. 69). Since Thompson was an accomplice with Butler, I feel the felony murder rule applies. I concur with the felony murder ruling since Thompson’s actions would have been murder if the clerk would not have lived. Otherwise, I would most likely have an inclination to argue against the

There are three theories of liability direct, vicarious, and enterprise. Direct liability has four types that are direct one of which is the principle in the 1st degree aka "the Perpetrator" which is someone who committed the crime willing on his own accord. The second is the principle in the 2nd degree aka "the Accomplice" which is someone who assisted the assailant with the delegation of the crime while also wanting to commit the crime at the same time he/she is also present during the scene of the crime. An accessory before the Fact is not present in the area of where the crime was committed, but helped by either counseling, encouraging, or urging the delegation of a crime. The Pinkerton Rule states that all accessories are liable for predictable actions that lead to being criminalized hence the violation of the criminal agreement. Even if the accomplice is not present at the scene of a committed felony crime they are still guilty. The two aspects are the specific resolve towards committing the crime the aiding of crime or encouragement towards the committing of a crime. A death penalty is only ever enforced on those who have committed the murder. The next type is the accessory after the fact which is someone who knows he/she has committed a crime and still aid with disturbing the case like hiding the assailant away from the police for example. They will also be charged with the felony since they know they committed the crime. Relations like with family is a type of

Under the California law, “murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” Cal. Penal Code §187. According to the provocative murder doctrine, the defendant is guilty of murder when he or she, or his or her accomplice “intentionally commits an act that is likely to cause death, and his [or her] victim or a police officer kills in reasonable response to such act.” People v. Gilbert, 63 Cal. 2d 690, 704 (1965). In such a case, evidence must show that the defendant acted with implied malice which led to a reasonable and foreseeable lethal response. Id. at 705. Malice is implied when an act involves a high degree of probability of killing, and initiating a gun battle may constitute such an act. Id. at 704.

Capital murder is when someone is charged with the murder of another person and is punished with the maximum punishment of death. Capital murder comes in two forms, 1st degree and 2nd degree.

Primary homicides are considered, "the most frequent and involve family members, friends, and aquaintance and they are usually characterized as expressive crimes" (Schmalleger, 2012 P.240). These crime are usually commited due to hostility, that comes from jeolously, revenge, dissagrements, and even romantic triangles. When it comes to nonprimary homicides it involves, "victims and offenders who have no prior relationship" (Schmalleger, 2012 P.240). With this type of homicide the offender premidites the crime and are less likely to be precipitated by the victim. Not always do homicide offenders plan to kill the victims, sometimes when a instrumental crime takes place, a sibling offense can happen by the cause of an incident. A sibling offense

To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment. Life imprisonment or death penalty is the punishment resulted in a conviction. States who do not recognized the death penalty, aggravated murder carries life imprisonment.

“killing” him. The movie states that the rules of double jeopardy of the Fifth Amendment

When it comes to the role of firearms in homicide, there are different perspectives, Philip J. Cook and Mark H. Moore, differentiated between instrumentality and availability. Instrumentality is refer as, "the fact that the type of weapon used in a particular encounter has an effect on whether the encounter ends in death" (Schmalleger, 2012 P.243). A weapon being used on an encounter, raises the fatality rate, while also the intend of the offender also raises fatality rate. Now availability refers to, "issues in all types of interactions, including criminal ones" (Schmalleger, 2012 P.242). Availability of weapons is a more serious factor compared to instrumentality. Neighborhoods with a higher presence of guns, provides an easier access to

Here the defendants conduct must create a particular result e.g. murder, where the accused’s act must cause the death of a human being e.g. R v Mellor [1996], here the defendant injured the victim who died two days later in hospital, thus defendant was found guilty of murder by the court.