Defending Vicarious Felony Murder
Date
2014
Authors
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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.
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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)