Even if they could, "the felony-murder rule does not substantially increase the criminal penalty for killing during a felony" (Malani, 2002, p. 6). In its absence, the state would only have to prove negligence and recklessness to charge the felon with murder (Malani, 2002).
The rule's opponents have argued that, in fact, the felony-murder rule increases crime. In the rule's absence, the state would grade punishment on an incremental basis as a felon's "mental state moves from negligence to specific intent," and a felon would be reluctant to cause any additional deaths after one accidental killing, because then, his punishment would assume a different angle -- i.e. from that of robbery to one of murder (Malani, 2002, p. 6). With the rule, however, such grading is eliminated and marginal deterrence (the disincentive to kill intentionally) diminishes after an incidence of accidental killing, simply because any additional deaths would only increase a felon's punishment from one to two murder sentences (Malani, 2002).
Suggested Reforms to the Felony-Murder Rule
The Commission of Law Review has put forward various proposals whose adoption could revolutionize the felony-murder concept and the field of murder convictions in general. The proposals have been explored in the subsequent subsections of this text, together with their strengths, and weaknesses.
i) Having recklessness incorporated "into the mental element in murder": this would bring "murder killers such as terrorists wishing to damage property who did not intentionally cause death, but who were indifferent as to whether or not, their conduct would result in a fatality" (Law Reform Commission, 2008, p.52). Moreover, this proposal would open up the concept of risk, requiring it to be unjustifiable and substantial and would, in so doing, allow for culpability assessment (Law reform Commission, 2008). The fundamental weakness draws from its flexible formulation - which would make it prone to uncertainties and open for inconsistencies...
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This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault
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criminal justice and American culture. Specifically it will discuss jail time served by Blacks, Hispanics and whites, and the lawyers who prosecute them. The statistics indicate that African-American men, especially between the ages of 25 to 29, are incarcerated at a higher rate than either Hispanics or whites. There are several factors that are associated with these statistics, including where these young men grow up, their income, and their
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