Felony Murder Requires Intent To Kill
This trap appears as a wrong-answer choice in 4 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL4
Example wrong choices
14681_homeschool_expo_cashbox · CRIMINAL · Choice Adid not mean to create any risk of harm.
Why it's attractive
This choice talks about Paul's intent, not Daniel's fatal act.
Why it's wrong
This choice talks about Paul's intent, not Daniel's fatal act.
14681_homeschool_expo_cashbox · CRIMINAL · Choice Cdid not complete a robbery because Ruth never handed over the cash pouch.
Why it's attractive
This choice proves no completed taking, but the charge can still look to attempted robbery.
Why it's wrong
This choice proves no completed taking, but the charge can still look to attempted robbery.
14681_homeschool_expo_cashbox · CRIMINAL · Choice Ddid not intend to kill anyone.
Why it's attractive
This choice talks about intent to kill, but felony murder normally does not require that.
Why it's wrong
This choice talks about intent to kill, but felony murder normally does not require that.
17873_music_school_speaker_cabinet · CRIMINAL · Choice BNo, because Daniel did not know the guard was present and therefore lacked malice.
Why it's attractive
It answers as if ordinary malice toward a known victim is required.
Why it's wrong
It answers as if ordinary malice toward a known victim is required.
17873_music_school_speaker_cabinet · CRIMINAL · Choice CNo, because burglary is a property crime and cannot serve as a predicate for felony murder.
Why it's attractive
It excludes burglary only because it is a property crime.
Why it's wrong
It excludes burglary only because it is a property crime.
17873_music_school_speaker_cabinet · CRIMINAL · Choice DNo, because the death was accidental and Daniel did not cause it intentionally.
Why it's attractive
It answers with ordinary intent-to-kill logic.
Why it's wrong
It answers with ordinary intent-to-kill logic.
18496_greenhouse_captain · CRIMINAL · Choice AYes, because Timothy did not intend the captain to die.
Why it's attractive
The choice talks about Timothy's purpose as to death, but the call asks whether kidnapping can serve as the felony-murder predicate.
Why it's wrong
The choice talks about Timothy's purpose as to death, but the call asks whether kidnapping can serve as the felony-murder predicate.
18496_greenhouse_captain · CRIMINAL · Choice CNo, but only because heat exposure is always classified as arson for felony-murder purposes.
Why it's attractive
The because-clause invents a category: heat exposure is not arson.
Why it's wrong
The because-clause invents a category: heat exposure is not arson.
18496_greenhouse_captain · CRIMINAL · Choice DYes, because every felony that causes a death merges into the homicide.
Why it's attractive
The word 'every' is the tell. Merger is not that broad once the independent-felony Gold Key is in play.
Why it's wrong
The word 'every' is the tell. Merger is not that broad once the independent-felony Gold Key is in play.
19155_midnight-shed-break-in · CRIMINAL · Choice AYes, but only if Esther intended to kill the homeowner.
Why it's attractive
The word 'only' creates an absolute condition. Felony murder's whole point is that intent to kill is NOT required. This choice adds a requirement that contradicts the doctrine.
Why it's wrong
The word 'only' creates an absolute condition. Felony murder's whole point is that intent to kill is NOT required. This choice adds a requirement that contradicts the doctrine.
19155_midnight-shed-break-in · CRIMINAL · Choice CNo, because the burglary was complete once Esther left the shed.
Why it's attractive
The claim that the burglary was 'complete' at the moment she exited is an overclaim. The felony-murder transaction continues through flight to temporary safety — leaving the structure does not end it.
Why it's wrong
The claim that the burglary was 'complete' at the moment she exited is an overclaim. The felony-murder transaction continues through flight to temporary safety — leaving the structure does not end it.
19155_midnight-shed-break-in · CRIMINAL · Choice DNo, because the homeowner voluntarily chased Esther.
Why it's attractive
The homeowner's decision to chase is a foreseeable response to burglary. Whether the chase was 'voluntary' has no bearing on whether the felony transaction was ongoing. This reason does not answer the call.
Why it's wrong
The homeowner's decision to chase is a foreseeable response to burglary. Whether the chase was 'voluntary' has no bearing on whether the felony transaction was ongoing. This reason does not answer the call.
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