Comments on: Murder? But he didn’t kill anyone http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/ Life and law in Eastern Indiana Wed, 07 Jan 2009 12:32:52 +0000 http://wordpress.org/?v=2.6 By: Pila http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/#comment-416 Pila Fri, 12 May 2006 20:28:03 +0000 http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/#comment-416 Maybe it is a seldom understood law. Most people who haven't been to law school probably don't know that there is such a thing as "felony murder." Maybe it is a seldom understood law. Most people who haven’t been to law school probably don’t know that there is such a thing as “felony murder.”

]]> By: ethomaskemp http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/#comment-415 ethomaskemp Fri, 12 May 2006 17:47:15 +0000 http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/#comment-415 Yeah. It's just felony murder. "Ancient" would be a good word to use, but you would not know it by the surprise many in the community are expressing with its application in this case. I was interested to see that the UK abolished the doctrine way back in the 50's. Thanks for the Wikipedia link. I did not even think to look there. it was like a walk down memory lane: "The concept of felony murder originates in the rule of transferred intent, which is older than the Limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime, however unintended. Thus, in a classic example, a poacher shoots his arrow at a deer, and hits a boy who was hiding in the bushes. Although he intended no harm to the boy, and did not even suspect his presence, the mens rea of the poaching is transferred to the actus reus of the killing." Yeah. It’s just felony murder. “Ancient” would be a good word to use, but you would not know it by the surprise many in the community are expressing with its application in this case.

I was interested to see that the UK abolished the doctrine way back in the 50’s. Thanks for the Wikipedia link. I did not even think to look there. it was like a walk down memory lane:

“The concept of felony murder originates in the rule of transferred intent, which is older than the Limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime, however unintended. Thus, in a classic example, a poacher shoots his arrow at a deer, and hits a boy who was hiding in the bushes. Although he intended no harm to the boy, and did not even suspect his presence, the mens rea of the poaching is transferred to the actus reus of the killing.”

]]> By: Doug http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/#comment-414 Doug Fri, 12 May 2006 17:30:02 +0000 http://www.kemplog.com/2006/05/12/murder-but-he-didnt-kill-anyone/#comment-414 That's just a felony murder charge isn't it? That's a pretty old doctrine -- seems like we spent the better part of a week on it in law school. See: http://en.wikipedia.org/wiki/Felony_murder That’s just a felony murder charge isn’t it? That’s a pretty old doctrine — seems like we spent the better part of a week on it in law school.

See:
http://en.wikipedia.org/wiki/Felony_murder

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