Criminal Law - State v. Bradley: The Felony Murder Rule

No Thumbnail Available
Authors
Ostrander, Angela Johnson
Issue Date
1983
Type
Journal Article
Language
Keywords
Research Projects
Organizational Units
Journal Issue
Alternative Title
Abstract
INTRODUCTION|An essential element of murder at common law was an intent to kill, or an intent to commit acts likely to kill, with conscious disregard for life. An exception exists in felony murder; the malice necessary to, make the killing constitute murder is constructively imputed through the intent incident to the perpetration of the underlying felony, and the felon who kills even accidentally is guilty of murder.|The common law felony murder rule has been characterized as "an anachronistic remnant, a historic survivor for which there is no logical or practical basis for existence in modern law." In spite of continued and increasing criticism, the felony murder doctrine has become embedded in the murder statutes of most states, including Nebraska.|The first section of this article will analyze the history of the felony murder doctrine. The questionable genesis of the concept, its development as a rule of substantive law, and its ultimate rejection by the country of its origin will be considered.|Current application of the felony murder rule in the United States, along with the three competing views on the propriety of its continued existence, will be examined in the second section of this article. The first view proposes the abolishment of the felony murder doctrine in its entirety while the second and third advocate its continued application, with and without limitation...
Description
Citation
16 Creighton L. Rev. 256 (1982-1983)
Publisher
Creighton University School of Law
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
EISSN