Felony Murder Research Articles

Eighth Amendment. The Death Penalty and Vicarious Felony Murder: Nontriggerman May Not Be Executed Absent a Finding of an Intent to Kill

Eighth Amendment. The Death Penalty and Vicarious Felony Murder: Nontriggerman May Not Be Executed Absent a Finding of an Intent to Kill

Criminal Law: New Limitations on Second Degree Felony Murder in California

Criminal Law: New Limitations on Second Degree Felony Murder in California

Offenses of Violence Against the Person

Laws covering crimes of violence against the person, in statute and in decision, although they vary among jurisdictions, have been significantly influenced by the com mon law of England. The four categories of common law homicides, except for the occasional combination of justifiable and excusable homicides, are used in every jurisdiction. Malice aforethought and felony murder doctrines are retained. Assault, battery, and mayhem remain in the law, and the Model Penal Code proposes a complete revision based on bodily injury. Common law definition of rape prevails, and, for common law and for statutory rape, penalties, although varied, are severe. Mistake of fact as to age adds an inter esting dimension to the problem of statutory rape. False im prisonment, a misdemeanor at common law, is retained in only fourteen jurisdictions; in extreme cases, it falls under kidnap ping statutes. Kidnapping, a misdemeanor at common law, is treated with far greater severity in the United States than in Europe. The factor of brief detention or asportation makes it possible to prosecute other crimes, for which there are im prisonment penalties, as kidnapping, a crime for which there is a possible death penalty. American criminal law has some times retained archaic common law concepts that should have been discarded, and it tends to ad hoc change more in response to emotion than to reason. Recodifications, much needed, are rarely attempted. The Model Penal Code, however, does exist as a beacon and guide.—Ed.

Quantitative Analysis of Adjustment to the Prison Community

The author, who is Associate Professor of Sociology in the University of Pennsylvania, is a frequent contributor to this Journal as well as other periodicals of interest to criminologists. As an outgrowth of his publication in 1958 of PATTERNS IN CRIMINAL HOMICIDE, an analysis of a large number of Philadelphia murderers, Dr. Wolfgang commenced a study of the post-offense adjustment of the individuals studied. Here, he reports on the adjustment of a select group of these offenders to life in a Pennsylvania maximum security institution. After describing his construction of an index by which adjustment or maladjustment could be measured, Dr. Wolfgang presents his findings which indicate that there are significant associations between adjustment and inmates (1) who are 35 years of age or older, (2) who are or have been married, (3) whose murders were other than felony murder, and (4) who have had some previous penal experience.-EDITOR.

Criminal Law: Imputing Innocent Party's Lethal Act under the Felony Murder Rule

Criminal Law: Imputing Innocent Party's Lethal Act under the Felony Murder Rule

Felony Murder Acquittal Held Not to Bar Subsequent Prosecution for Underlying Robbery

Felony Murder Acquittal Held Not to Bar Subsequent Prosecution for Underlying Robbery

Homicide. In General. Defendant Not Guilty of Felony Murder for Death of Cofelon Justifiably Shot by Policeman. Commonwealth v. Redline (Pa. 1958)

Homicide. In General. Defendant Not Guilty of Felony Murder for Death of Cofelon Justifiably Shot by Policeman. Commonwealth v. Redline (Pa. 1958)

Felony Murder as a First Degree Offense: An Anachronism Retained

Felony Murder as a First Degree Offense: An Anachronism Retained

Homicide: Felony Murder Doctrine: Are All the Robbers Guilty of Murder When One Kills Another during the Perpetration of the Robbery?

Homicide: Felony Murder Doctrine: Are All the Robbers Guilty of Murder When One Kills Another during the Perpetration of the Robbery?