The Injustice of the Felony-Murder Rule

The felony-murder rule allows prosecutors to charge felons with any death that occurs during the commission of a felony, even if the felon had no intent to kill and the victim’s death was completely unforeseeable, by employing the doctrine of transferred intent. Under this doctrine, the malicious intent inherent in the commission of a felony is considered to apply to any killing that occurs as a result thereof. The prosecutor need not establish the defendant’s mens rea that is otherwise required for a murder conviction. While the application of this rule may not be problematic in some instances, its effective disposal of the culpability requirement for murder is nothing more than a legal trick designed to perpetuate injustice by making it easier for prosecutors to put people behind bars. Accordingly, the felony-murder rule should be abandoned.