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APA
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Literature & Language
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Essay
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English (U.S.)
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Topic:

Felony Murder Rule (Essay Sample)

Instructions:

200 words each total 400 words
What is the purpose of the felony murder rule? Why does the law only limit the felony murder rule to those felonies that are considered inherently dangerous? Can you think of any factual scenario in which the application of the felony murder rule appears to be inherently unjust or unfair?
Topic 2: Scenario – You Decide
Dick and Jane were in the back yard when Dick told her that he was tired of her and was going to divorce her. She asked him to, “Stay right here. I have to go to the bathroom, but I want to discuss this further.” But, rather than going to the bathroom, she goes into the bedroom and takes out their pistol. Jane then goes to the back yard and shoots Dick four times in the chest and head, killing him.
Should Jane be charged with first-degree murder or second-degree murder? Support your answer. Can Jane charged successfully argue that this was a “heat of passion” crime? Why or why not?

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Felony murder rule
Felony murder rule was designed to meet different needs in the society. For instance, it was designed with the aim of reducing felony crime committed as any murder case resulting from crime will be treated as a first-degree murder in many States (Bonnie, R.J. et al.860). On the other hand, this law was seen significant on making criminal careful while executing their crimes not to cause murder. Besides that, the legal system of United States requires proportionality while proportionality requires assessment. For committing Felony, ten years in jail can be a better proportion of punishment but in case death takes place, and life is lost, someone needs to be liable for murder. In such scenario, felons are therefore responsible for the murder even though they may never be the absolute killers.
For felony murder to be treated as first-degree murder, the crime act must be dangerous. This is due to merging factor. For instance, in case of dangerous act such as carelessly firing guns, the occurrence of murder has high probability. However, in the case of less hazardous act such as forging crime, murder is less likely to occur. Therefore felony law tends to merge dangerous felony with actually murder since they have strong correlation. Still on the dangerous act proximate cause can also be used to determine felony murder. The matter of consideration in such situation is the act that resulted in death. For instance without crime no death would have occurred. Therefore, with less dangerous criminal act it is quite hard to establish related murder and that’s why extreme dangerous crime is considered in felony murder rule.
On the contrary, felony murder has some instances of injustice. For example, during dangerous criminal activity, the police accidentally kill an innocent person. In such case, criminals will be charged with murder yet they never did it. It is unfair especially when we consider the level of police training that equips them with the highest technique to avoid errors in their duty. I think felony murder should only be subjective to criminals only when the death is caused personally by them but not the illegal situation.Question 2
Jane should be charged with first-degree murder. For one to be charged with first-degree murder there must be an intention to kill. Besides that, it must be predetermined and deliber...
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