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Article: Reconsidering the felony murder rule in light of modern criticisms: doesn't the conclusion depend upon the particular rule at issue?
- Article from:
- Harvard Journal of Law & Public Policy
- Article date:
- June 22, 2009
- Author:
CopyrightCOPYRIGHT 2009 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. FOR AND AGAINST THE FELONY MURDER RULE:
THE WELL-WORN ARGUMENTS
A. Traditional Arguments in Opposition
B. Traditional Arguments
Supporting the Rule
II. WHAT KIND OF FELONY MURDER STATUTE?
GOOD ONES AND BAD ONES
A. "Good" Felony Murder Definition
(Although "Good" Is Always in the
Eye of the Beholder)
B. "Bad" Felony Murder Definition
(Although "Bad" Is in the Eye
of the Beholder, Too)
III. EVALUATING THE NEWER ARGUMENTS
AGAINST THE FELONY MURDER RULE
A. Restatements of Traditional Arguments
B. Newer Arguments Against the Rule
CONCLUSION
The felony murder doctrine ...