Jolen Abdulmasih Outline for CRJ 4970 Final Paper Abstract The rule of law that extends the concept of murder is known as felony murder. It applies when somebody executes some form of crime and somebody else dies. If the death is deliberate or accidental it does not matter, the defendant is responsible for it. The … Continue reading “felony murder | My Assignment Tutor”
Jolen Abdulmasih Outline for CRJ 4970 Final Paper Abstract The rule of law that extends the concept of murder is known as felony murder. It applies when somebody executes some form of crime and somebody else dies. If the death is deliberate or accidental it does not matter, the defendant is responsible for it. The rule is generally restricted to offenses that are necessarily or predictably dangerous to human existence, such as arson, burglary, rape, and robbery. This paper aims to discuss the concept of felony murder under the criminal justice system. Introduction In some common law jurisdictions, the rule of a felony, is a legal principle that extends the crime of murder.When a wrongdoer murders someone while committing a dangerous or enumerated crime, such wrongdoers and the wrongdoer’s partners or co-conspirators may be found guilty of murder.First-degree murder, is referred to as felony murder, when a person is murdered while perpetrating a crime. It is a basic definition, but it can be complicated in the details of when a felony murder is committed (Seibold, 2017). Policy summary Policy Origins Some commentators believe that the rule of common law goes back to the twelfth century and takes its current form in the eighteenth century.In 1716, William Hawkins had established a modern definition of the doctrine of felony murder, during his work in English law under William Hawkins’ Treatise of Pleas of the Crown.In August 2008, 46 states in the US had a law of felony killing, which usually involves murder in the first degree. It is a capital offense in 24 of these states. Policy Description The eighth amendment, has been implemented to place new limits on government authority when the government decides to impose the death penalty on those guilty of felony murder. If the defendant is just a minor participant and has not killed or tried to murder, the death penalty cannot be levied (Lee, 2015). However, if the defendant is a significant offender to the underlying crime and displays gross disregard for human life, the death penalty may be applied (Dayan, 2016).Most US states have a felony assassination provision that enables prosecutors to indict suspects for any killing that happens during or because of the crime’s commission. This policy makes it possible to convict the felon of murder without allowing the prosecution to prove the “mens rea” required to convict someone of murder.A significant amount of legal analysis suggests, that the felony murder law intends to discourage crimes and restrict the use of violence by felons, when committing a crime by a more thorough internalization of their acts’ adverse effects. A similar intention is also followed under this policy. This policy also intends to discourage crimes and restrict the use of violence by felons when committing a crime by a more thorough internalization of their acts’ adverse effects (Prabhu, 2019). However, this policy is also not an authentic one. It also has certain advantages and disadvantages which cannot be ignored. Policy Goals Many US officials specifically list what violations are eligible for a felony murder statute to eliminate a need to rely on common law interpretations on which crimes merge with murder and what offenses do or do not qualify for felony murder. Additional offenses, including terror, abduction and carjacking, are defined in federal legislation (Crump, 2015).In the Model Penal Code of the American Law Institute, the felony murder rule does not apply. Still, it requires the commission of a crime to raise an inference that it is highly insensitive to human life’s value. The Model Penal Code contains theft, rape and forcible deviant sex, arson, burglaries and felonious escapes as predicate felonies upon which an accusation of a felony may be held (Berry III, 2018). Research justification Statement of the Problem The interesting problem with this policy is that it does not work properly. Policies are intended to strengthen the criminal justice system’s structure, but this policy does the opposite. People assume that policies reduce crime, but this policy leads to increased crime and overpopulation. Research question How does the criminal justice system work for the felony crime?Readers must be concerned about this because the principle of felony murder is an exception to regular homicide rules. Usually, only if the prosecution shows that the defendant was planning to kill or showed a reckless disregard towards human life, the defendant will be accused of a crime. However, a defendant may be accused of murder under the law of felony murder even though the defendant does not act deliberately or recklessly. The prosecutor must only prove that the defendant engaged in a murder in the event of mortalities (Binder, Fissell & Weisberg, 2016). Statement of Researcher Interest People should be interested in this policy because there are so many different outcomes, and every case is individualized. The defendants in each case all have a different story. Each crime has different circumstances involved for the judge and jury to take into consideration. Policy analysis Theoretical Framework As per the Rationale Choice theory, individuals act on their desire and plan to commit criminal acts after comparing the punishments and rewards. The choice of offending is dependent on the climate, circumstances and opportunities.As per the General Strain theory, criminal behavior can be driven by strains in society. This principle stated that if an organization fails to achieve a sufficient chance of achieving success, a person may fall into or go back on crime. Policy Evaluation Felony murder is a very hard case to try. The individual that commits this type of crime has been influenced in some way for this to occur. They have evaluated the punishment, and the crime has been committed regardless.This policy is not that effective due to a lack of treatment. Inmate overcrowding is also a flaw in this policy as well as inmate misconduct. Impact on Community and Society This theory impacts society in that it confuses most people who know what the consequences are, therefore they would not commit felony murder. It is hard for people to understand how these crimes can still be committed knowing the punishment. Discussion and Recommendation Summary of Policy Analysis The Rationale Choice theory is the principle that applies when individuals chose to offend due to their environment. I recommend a more clear idea about the rule of felony murder.The General Strain theory principle applies when an organization fails to achieve a sufficient chance of achieving success, a person may fall into or go back on crime. Policy Implications This policy causes the offender to think twice before taking action. There is always an option and a choice to be made. Policy Recommendations If one chooses to commit felony murder, this theory is applicable. If one is an innocent accomplice, this theory should not apply. Being in the wrong place at the wrong time does not make someone guilty of murder. Conclusion In several situations, felony murder may occur, many of which may seem shocking. Almost every state in the US has a rule of felony murder, and federal law also acknowledges the rule of felony murder. Felony murder in most states is known as first-degree murder and can lead to a sentence of life imprisonment. As felony murder is regarded to be a capital offense, therefore, the death penalty is available.
