this post was submitted on 10 Sep 2024
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US Authoritarianism
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You shared the intent to do the crime, including all its foreseeable consequences.
Criminal liability criminalizes the forming bad intentions (conspiracy and attempt, inchoate crimes) and the bad action of advancing those intention (completed crimes, choate crimes; robbery, murder).
Felony murder liability says: don't do that (don't conspire to do a felony that may likely kill someone and which then did kill someone).
The death arose from the shared bad intent, so the consequences are fairly shared. That's the theory. I know some people who find this rule controversial. I find it controversial as applied, sometimes, but not in theory. It's the economics of the rule. Can't have people hatching dangerous conspiracies to do felonies.