Felony murder rule (California)
Encyclopedia
In the state of California
, the common law
felony murder rule has been codified in California Penal Code
§ 189.
held in People v. Wilkins ((2011 WL 3694034 (Cal.) (Appellate Brief)) that it was not a violation of due process
to apply the felony murder rule where death resulted from a negligent act committed while actively engaged in a burglary. Wilkins committed a burglary. On the way from the burglary, unsecured items fell from his pickup truck, causing another driver to swerve and become involved in a fatal collision. Found guilty of first degree felony murder, he received a 25 year to life sentence, upheld by the Court of Appeal.
In the case People v. Hansen, 9 Cal.4th 300 (1994), the California Supreme Court held that discharging a firearm at an inhabited dwelling is an inherently dangerous felony for the purposes of second degree felony murder.
California courts have also found manufacturing methamphetamine, maliciously burning a car, and possessing a bomb in a residential area to be inherently dangerous felonies.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
felony murder rule has been codified in California Penal Code
California Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
§ 189.
First degree murder
California Penal Code § 189 classifies a homicide as first degree murder when committed during the commission of one of the following predicate felonies:- Arson
- Rape and other sexual crimes
- Carjacking
- Robbery
- Burglary
- Mayhem
- Kidnapping
- Train wrecking
- And any homicide committed by intentionally firing a gun from a motor vehicle at a person outside of the motor vehicle with the intention to cause death
First degree murder and negligence
On January 7, 2011, the California Court of AppealCalifornia Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
held in People v. Wilkins ((2011 WL 3694034 (Cal.) (Appellate Brief)) that it was not a violation of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
to apply the felony murder rule where death resulted from a negligent act committed while actively engaged in a burglary. Wilkins committed a burglary. On the way from the burglary, unsecured items fell from his pickup truck, causing another driver to swerve and become involved in a fatal collision. Found guilty of first degree felony murder, he received a 25 year to life sentence, upheld by the Court of Appeal.
Second degree murder
In the case People v. Ford, 60 Cal.2d 772 (1964), the California Supreme Court held that homicide during the commission of a felony can constitute second degree murder if the felony is "inherently dangerous to human life."In the case People v. Hansen, 9 Cal.4th 300 (1994), the California Supreme Court held that discharging a firearm at an inhabited dwelling is an inherently dangerous felony for the purposes of second degree felony murder.
California courts have also found manufacturing methamphetamine, maliciously burning a car, and possessing a bomb in a residential area to be inherently dangerous felonies.