“[I]t seems fair to suggest that the future of felony murder is uncertain. England, where the doctrine originated, has abolished it. The Model Penal Code recommends its abolition except for the purpose of creating a rebuttable presumption of malice for killings perpetrated during the course of a felony. Although most states have not yet adopted this position, many of the judicial limitations on felony murder discussed above seem to insure that in many states it will be an unusual case in which one is convicted of felony murder, who absent this doctrine, would not have been convicted of murder.” Arnold H. Loewy, Criminal Law in a Nutshell 46 (2d ed. 1987).
felony murder rule
felony-murder rule. The doctrine holding that any death resulting from the commission or attempted commission of a felony is murder. • Most states restrict this rule to inherently dangerous felonies such as rape, arson, robbery, and burglary. Cf. MISDEMEANOR-MANSLAUGHTER RULE. [Cases: Homicide 575.]
