Felony murder rule (California)

In the state of California, the common law felony murder rule has been codified in California Penal Code § 189.

Contents

First degree murder

California Penal Code § 189 classifies a homicide as first degree murder when it is a murder committed during the commission of one of the following predicate felonies:[1]

First degree murder and negligence

On January 7, 2011, the California Court of Appeal held in People v. Wilkins ((2011 WL 3694034 (Cal.) (Appellate Brief)) that it was not a violation of due process to apply the felony murder rule where death resulted from a negligent act committed while actively engaged in a burglary. Wilkins committed a burglary. On the way from the burglary, unsecured items fell from his pickup truck, causing another driver to swerve and become involved in a fatal collision. Found guilty of first degree felony murder, he received a 25 year to life sentence, upheld by the Court of Appeal.[2]

Second degree murder

In the case People v. Ford, 60 Cal.2d 772 (1964), the California Supreme Court held that homicide during the commission of a felony can constitute second degree murder if the felony is "inherently dangerous to human life."[3]

In the case People v. Hansen, 9 Cal.4th 300 (1994), the California Supreme Court held that discharging a firearm at an inhabited dwelling is an inherently dangerous felony for the purposes of second degree felony murder.[4]

California courts have also found manufacturing methamphetamine,[5] maliciously burning a car,[6] and possessing a bomb in a residential area [7] to be inherently dangerous felonies.

References

  1. ^ McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research, 13 February 2008
  2. ^ People v. Wilkins - filed January 7, 2011, Fourth District, Div. Three. Cite as G040716.
  3. ^ People v. Patterson, 49 Cal.3d 615, 626 (1989)
  4. ^ Bonnie, R.J. et. al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 865
  5. ^ People v. James (1998) 62 Cal.App.4th 244, 258.
  6. ^ People v. Nichols (1970) 3 Cal.3d 150
  7. ^ People v. Morse (1992) 2 Cal.App.4th 620, 646