Does the "Ireland doctrine" doctrine apply to the felony-murder rule?

California, United States of America


The following excerpt is from People v. Northrop, 132 Cal.App.3d 1027, 182 Cal.Rptr. 197 (Cal. App. 1982):

In People v. Mattison (1971) 4 Cal.3d 177, 93 Cal.Rptr. 185, 481 P.2d 193, application of the felony-murder rule was upheld against a challenge based upon the "Ireland" doctrine under circumstances we find analogous to the present case. The underlying felony was administering poison with the intent to injure. (Pen.Code, 347.) The court reasoned that application of the felony-murder rule served as a deterrent since the underlying felony could be committed without an intent to cause death-producing injuries. (Id., at pp. 185-186, 93 Cal.Rptr. 185, 481 P.2d 193.) 7 Accordingly, application of the felony-murder rule was found proper because the underlying felony was committed with a " 'collateral and independent felonious design.' " (Id., at p. 185, 93 Cal.Rptr. 185, 481 P.2d 193.)

In People v. Shockley (1978) 79 Cal.App.3d 669, 145 Cal.Rptr. 200, it was specifically held that the "Ireland" doctrine was not violated by use of felony child abuse (Pen.Code, 273a) as the basis for the felony-murder rule. (Id., at p. 677, 145 Cal.Rptr. 200.) The court found that such application of the felony-murder rule was "properly within the purpose of the legislative effort to deter felonious conduct which may result in death." (Ibid.)

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