Felony murder rule (Pennsylvania)
Encyclopedia
Pennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. See, e.g. Joshua Dressler, Criminal Law: Cases and Materials 231-32 (4th ed. 2007) ("Prior to the recodification effort begun by the Model Penal Code
, most American jurisdictions maintained a law of murder built around . . . common law classifications
. The most significant departure was the division of murder into degrees, a change initiated by the Pennsylvania legislation of 1794."). Dressler goes onto explain that "[o]ther states followed the Pennsylvania practice until at one time the vast majority of American jurisdictions differentiated degrees of murder and the term 'first-degree murder' passed into common parlance." Id.
In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree." The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."
The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter).
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...
, most American jurisdictions maintained a law of murder built around . . . common law classifications
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...
. The most significant departure was the division of murder into degrees, a change initiated by the Pennsylvania legislation of 1794."). Dressler goes onto explain that "[o]ther states followed the Pennsylvania practice until at one time the vast majority of American jurisdictions differentiated degrees of murder and the term 'first-degree murder' passed into common parlance." Id.
In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree." The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."
The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as
- The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter).