Arkansas Jury Instruction - First Degree Murder - Felony Murder
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FAQ
The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer.
Capital murder ? Capital murder is premeditated murder, a murder committed during the commission of a violent felony, or a murder committed under certain aggravating circumstances. This crime is punishable by execution or life in prison without the possibility of parole.
The remaining felonies that result in death of another are classified as first degree murder. This is known as a "Class Y Felony" which carries a minimum prison term of ten years to a maximum of life.
(c) (1) Murder in the first degree is a Class Y felony.
The felony murder rule in Arkansas is a legal doctrine that states that if someone is killed during the commission of a felony, all participants in the felony are guilty of murder, regardless of whether they intended to kill anyone.
In California, the merger doctrine was created in response to the second-degree felony murder rule. the doctrine prevents an assaultive offense from being used as the underlying felony for second degree felony murder. (People v. Chun (2009) 45 Cal. 4th 1172, 1200.)
Statistics aside, murder is a serious charge in California. The Penal Code establishes two types of murder charges?First Degree and Second Degree. Capital murder, which can lead to life in prison or even to the death penalty, is defined as ?first-degree murder with special circumstances.?
Felony Murder Rule was conceived in England in 1716 and brought to the United States in the early 1800's. California enacted FMR in 1872. This law is so unjust that England abolished FMR in 1957. Four of the fifty United States have abolished it ? Ohio, Michigan, Kentucky and Hawaii. California needs to be #5.