Does the felony-murder rule impute malice to those who commit a homicide during the perpetration of the felony?
California, United States of America
The following excerpt is from People v. Baker, 10 Cal.5th 1044, 274 Cal.Rptr.3d 655, 480 P.3d 49 (Cal. 2021):
" The felony-murder rule imputes the requisite malice for a murder conviction to those who commit a homicide during the perpetration of a felony inherently dangerous to human life. " ( People v. Chun (2009) 45 Cal.4th 1172, 1184, 91 Cal.Rptr.3d 106, 203 P.3d 425
[274 Cal.Rptr.3d 701]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a murder committed in the perpetration of a felony if it occurred after the crime was committed? (California, United States of America)
Does the felony-murder rule relieve the prosecution of proving the element of malice for a killing committed in the course of a felony? (California, United States of America)
Does the felony-murder rule apply to a murder case where the accused committed a felony before the crime was committed? (California, United States of America)
What is the test for determining whether a perpetrator convicted of multiple felonies committed the same felonies on the same occasion? (California, United States of America)
What is implied malice for the implied malice of a defendant in the second degree felony-murder doctrine? (California, United States of America)
Is a murder committed in the perpetration of a burglary a felony murder? (California, United States of America)
Can a defendant who commits a burglary as an incident and means of perpetrating another felony be punished separately for the crime? (California, United States of America)
What is the test for determining whether a murder committed in the perpetration or attempt to perpetrate rape is a murder of the first degree? (California, United States of America)
What is a homicide committed in the perpetration of a crime ofcible rape? (California, United States of America)
Does the felony-murder rule make a killing while committing certain felonies murder? (California, United States of America)
