California, United States of America
The following excerpt is from People v. Sanchez, 103 Cal.Rptr.2d 809, 86 Cal.App.4th 970 (Cal. App. 2001):
6. "This form of analysis is compelled because there is a killing in every case where the [felony-murder] rule might potentially be applied. If in such circumstances a court were to examine the particular facts of the case prior to establishing whether the underlying felony is inherently dangerous [to human life], . . . the existence of the dead victim might appear to lead inexorably to the conclusion that the underlying felony is exceptionally hazardous. [But such an analysis would be] unjustifiable bootstrapping." (People v. Burroughs, supra, 35 Cal.3d at p. 830.)
6. "This form of analysis is compelled because there is a killing in every case where the [felony-murder] rule might potentially be applied. If in such circumstances a court were to examine the particular facts of the case prior to establishing whether the underlying felony is inherently dangerous [to human life], . . . the existence of the dead victim might appear to lead inexorably to the conclusion that the underlying felony is exceptionally hazardous. [But such an analysis would be] unjustifiable bootstrapping." (People v. Burroughs, supra, 35 Cal.3d at p. 830.)
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