Felony murder rule (Hawaii)
Encyclopedia
In the state of Hawaii
, the common law
felony murder rule has been completely abolished.
and the severe limitation of it in the Model Penal Code
. The legislature determined that the commission of a felony
should not serve to automatically classify an offense as murder
, and that a separate factual inquiry should be undertaken for each case to determine the significance of a felony on the severity of the offense.
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, 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 completely abolished.
Hawaii Revised Statutes §707-701
In Hawaii Revised States §707-701, the Hawaii State Legislature noted the critical history of the felony murder ruleFelony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
and the severe limitation of it in the Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
. The legislature determined that the commission of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
should not serve to automatically classify an offense as murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, and that a separate factual inquiry should be undertaken for each case to determine the significance of a felony on the severity of the offense.