Defending Vicarious Felony Murder

Date

2014

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Historically, vicarious felony murder has not been so defended as felony murder. This Article provides such a defense, drawing from philosophy and psychology work on joint shared intention, action and omission, and imputation of culpability. It concludes that, to the extent that underlying felony murder is normatively appropriate and methods of proof are reliable, vicarious felony murder is also eminently defensible because it reliably functions to discern culpability and impose condign punishment.

Description

Rights

Availability

Keywords

Vicarious felony murder, Defending murder, Non-killing co-felon, External challenges to felony murder, Evidence, Punishment, Model Penal Code

Citation

Steven. R. Morrison, Defending Vicarious Felony Murder, 47 Tex. Tech L. Rev. 129 (2014-2015)