Ohio Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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The felony-murder rule may be conceptualized as a theory of "transferred or constructive intent. '42 This theory posits that the intent to commit the felony is "transferred" to the act of killing in order to find culpability for the homicide.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
All three types of first degree murder (Premeditated Murder, Felony Murder, and Murder of a Law Enforcement Officer) are punishable by: Death; or. Life Imprisonment; or. Natural Life Imprisonment.
Federal and state homicide crimes may use different terminology. Generally, most first-degree murder laws include that the defendant purposefully or willfully, with deliberation and premeditation, caused the death of another person. Federal law and some states also require malice aforethought as an element.