2-1: Brain Sciences - 1/10: Anatomy Lab I

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What are limitations on liability for the felony murder rule?

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[1] Δ must be guilty of underlying felony (if he has Δ to underlying felony, he has Δ to felony murder rule);

[2] felony must be distinct form killing itself;

[3] Death must have been a foreseeable result of the felony;

[4] Death must have been caused before the Δ’s immediate flight from the felony –once Δ reaches temporary safety, subsequent deaths are not felony murder;

[5] Δ is not liable for felony murder when a co-felon is killed;

[6] under agency theory, Δ is not liable when an innocent party is killed unless the death is caused by Δ or his agent (accomplice).

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