Intent Requirement Misconception
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
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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