Origin
The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime, however unintended. Thus, in a classic example, a poacher shoots his arrow at a deer, and hits a boy who was hiding in the bushes. Although he intended no harm to the boy, and did not even suspect his presence, the mens rea of the poaching becomes a charge of manslaughter.
Some commentators regard this as a legal fiction whereby the law pretends that the person who intended one wrongful act, also intends all the consequences of that act, however unforeseen. Others regard it as an example of strict liability, whereby a person who chooses to commit a crime is considered absolutely responsible for all the possible consequences of that action. Lord Mustill regards the historical rule as a convergence of these views.
Read more about this topic: Felony Murder Rule
Famous quotes containing the word origin:
“Someone had literally run to earth
In an old cellar hole in a byroad
The origin of all the family there.
Thence they were sprung, so numerous a tribe
That now not all the houses left in town
Made shift to shelter them without the help
Of here and there a tent in grove and orchard.”
—Robert Frost (18741963)
“There are certain books in the world which every searcher for truth must know: the Bible, the Critique of Pure Reason, the Origin of Species, and Karl Marxs Capital.”
—W.E.B. (William Edward Burghardt)
“We have got rid of the fetish of the divine right of kings, and that slavery is of divine origin and authority. But the divine right of property has taken its place. The tendency plainly is towards ... a government of the rich, by the rich, and for the rich.”
—Rutherford Birchard Hayes (18221893)