Redefinition of Felony Murder Rule

Redefinition of the Felony Murder Rule/Law

Introduction:

                The Felony Murder Rule would appear to be an anomaly in the common law.  It represents one of the very few instances in criminal law where the element of intent is waived.  Criticism of the rule is almost uniform among scholars and commentators, yet it endures in some jurisdictions throughout the United States.  Typically, critics assert the rule%u2019s longevity is the result of political forces that make it difficult to change laws that make criminal prosecutions easier.  Others claim the rule fills some psychological need to mete out retribution when harm occurs to innocent parties.  If a justification for the rule is offered, it generally focuses on the deterrence properties of the rule, however empirical research suggests the rule does little to deter felonies of felony murder.  We offer a model in which the felony murder rule serves to deter crime more effectively than the current rule, at the same time properly amends the rule so that I cannot be criticized.

Proposed Bill:

                Principal in the First Degree %u2013 In cases where accused is the triggerman, %u201CINTENT%u201D is waived.  %u201CTriggerman%u201D by definition, includes causing death by way of stabbing, or any overt physical act.

                Principal in the Second Degree %u2013 In cases where an accused acted as a principal; in the second degree, the defendant may be tried and convicted as a principal in the First Degree where the defendant shared %u201CINTENT,%u201D or %u201CPrior Knowledge%u201D with the actual perpetrator, or where it is proven that the defendant had gang related involvement.  In cases where the %u201CIntent, Prior Knowledge, or Gang Related involvement%u201D is not factors, an accused cannot be charged with murder, but should be charged according to the %u201CINTENT%u201D he/she had regarding any compound felony.

Discussion

                Currently Felony Murder waives intent completely.  In cases of the %u201Ctriggerman%u201D, or actual killer, waiving intent makes sense, in cases of second degree it does not.  Given reasonable doubt, and assuming any accused innocent until proven guilty, one would have to believe an accused as the principal in the second degree would have rejected any previously agreed upon plan to commit a compound felony had he known a murder would take place.  Because without some form of %u201Cprior knowledge%u201D or intent, the parties in second degree only objective was to follow through on one of the compound felonies, not to commit murder.

                The gang related factor was added due to the spike in street gang activity in Virginia and throughout the United States.  It is a fact that street gangs increase overall c rime, most being violent crime.  By amending the current statute and adding gang related involvement, it will serve as a proper deterrent to gangs in Virginia and overall crime.  The reason why intent is waved in cases where there is street gang involvement, is for the fact that all street gangs are violent in nature, therefore by being a gang member your intent is to do whatever is needed to comply with the gang, violence and gangs go hand in hand.  In the past five years an assortment of gangs has infiltrated Virginia, and they recruit teenagers to carry out crime.  Our prison system is now flooded with gang members who also recruit within, which overflows into the free world once they are released.  If it keeps up at this rate, in the next five years we will have a gang epidemic in the Commonwealth, far beyond what it is now.

                The felony murder rule was designed to deter crime, and though it is not doing as well as thought, it was on the right track.  This model will deter crime, decrease gang activity, and still allow proper prosecutions without lacking the fairness and criticism that follows the current statute.