48 min
Felony Murder and Constructive Malice The History of Murder Podcast
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- History
Today we take a whirlwind tour through the controversial topic of felony murder.
In today's episode, we ask whether it is murder when someone kills someone else unintentionally but during the course of a serious crime (or a felony). Normally killing has to be intentional to qualify as murder - but does the criminal context change this rule? For instance, is it murder when a robber accidentally shoots a cashier during an armed robbery? What about when a kidnapper smothers someone by accident while kidnapping them?
Some modern common-law jurisdictions are deeply divided on this topic, and we'll see why after looking at felony murder's chaotic history. We'll see early-modern common law superstars butt heads over obscure examples (is it murder when you go poaching but your arrow goes astray and kills a boy lurking in a nearby bush?). We'll also see how an early-eighteenth century attempt to clear things up just muddles it even more and ultimately gives us the term "felony murder." We'll ask what's so constructive about malice anyways. And finally, we'll see how theory and practice never quite seem to match up in this bizarre area of the law.
Got any comments on felony murder? Think I didn't come down hard enough on the doctrine, or conversely, that I was too critical of it? Send me your thoughts at historyofmurderpocast.com or @murderhistorian on Twitter!
Today we take a whirlwind tour through the controversial topic of felony murder.
In today's episode, we ask whether it is murder when someone kills someone else unintentionally but during the course of a serious crime (or a felony). Normally killing has to be intentional to qualify as murder - but does the criminal context change this rule? For instance, is it murder when a robber accidentally shoots a cashier during an armed robbery? What about when a kidnapper smothers someone by accident while kidnapping them?
Some modern common-law jurisdictions are deeply divided on this topic, and we'll see why after looking at felony murder's chaotic history. We'll see early-modern common law superstars butt heads over obscure examples (is it murder when you go poaching but your arrow goes astray and kills a boy lurking in a nearby bush?). We'll also see how an early-eighteenth century attempt to clear things up just muddles it even more and ultimately gives us the term "felony murder." We'll ask what's so constructive about malice anyways. And finally, we'll see how theory and practice never quite seem to match up in this bizarre area of the law.
Got any comments on felony murder? Think I didn't come down hard enough on the doctrine, or conversely, that I was too critical of it? Send me your thoughts at historyofmurderpocast.com or @murderhistorian on Twitter!
48 min