Also known as: first degree felony murder · first-degree felony-murder · felony murder · first-degree murder
Written by attorneys · grounded in primary & secondary sources — see below
A form of murder in which malice aforethought is supplied by the defendant's intent to commit a qualifying felony during whose commission or attempted commission the death occurs. The rule converts the intent to commit the underlying felony into the malice required for murder liability.
Felicia Fuentes entered a convenience store intending to rob the register. She pointed a gun at the clerk and demanded cash. When the clerk resisted, Fuentes fired once, killing him. The death occurred while Fuentes was carrying out the robbery, supplying the malice for first-degree felony murder.
Felipe Figueroa broke into a residence at night to steal electronics. The homeowner awoke and confronted him. Figueroa struck the homeowner with a lamp, causing fatal head injuries. The death occurred during commission of the qualifying felony of burglary, supporting first-degree felony murder liability.
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Frederick Ferguson conducted an armed robbery of a store. When a colleague confronted him about the illegal activity, Ferguson shoved the colleague into a glass partition. The colleague suffered fatal lacerations. The death was a foreseeable consequence of the ongoing qualifying felony, supporting first-degree felony murder liability.
Felicity French participated in an armed robbery during which her accomplice killed a clerk. French did not fire the fatal shot or intend lethal force. She received a mandatory life sentence without parole. The sentence raised proportionality questions under the Eighth Amendment.
Freya Freeman was convicted of first-degree murder after a death occurred during a burglary. State law required the death penalty upon conviction without considering mitigating factors. The automatic imposition violated the requirement of individualized sentencing.
Fiona Foster drove the getaway car during a rape that ended in the victim's death. Foster did not personally kill or intend that lethal force be used. The death penalty could not be imposed on her under Eighth Amendment proportionality standards.
An intent to commit a qualifying felony supplies the malice aforethought required for murder. The death must occur during the commission or attempted commission of that felony.
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If the felony does not qualify for felony murder treatment and the death is a foreseeable consequence of the felony, the killing constitutes at least involuntary manslaughter.
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Some jurisdictions limit the rule through a merger doctrine so that felonies like assault or robbery that are included in the homicide do not independently support felony murder.
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The death penalty may not be imposed on an accomplice who did not kill, attempt to kill, or intend lethal force unless the accomplice was a major participant acting with reckless indifference to human life.
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…had also confessed to the first two murders. By the date set for trial, respondent was subject to indictment for three counts of first-degree murder and multiple counts of robbery, kidnaping for ransom, breaking and entering and assault, attempted murder, and conspiracy to commit robbery. Respondent waived his right to a jury trial,…