A regra do homicídio doloso

The felony murder rule is a legal doctrine that allows individuals to be charged with murder if someone dies during the commission or attempted commission of certain felonies, even if the death was unintentional or if they were not directly responsible for the killing.

Under this rule, if a person participates in a felony—such as robbery, burglary, kidnapping, or arson—and a death occurs during the course of that crime, all participants in the felony can be charged with murder. The key elements of the felony murder rule include:

1. Participation in a Qualifying Felony: The person must have been involved in committing or attempting to commit a specific, often violent felony (called a “life felony” in some states, including Massachusetts).
2. A Death Occurs: A person dies as a result of actions taken during the felony. This death can be that of a victim, a bystander, or even a co-felon.
3. Intent to Kill is Not Required: Unlike traditional murder charges, where intent to kill is necessary, the felony murder rule applies regardless of whether the participants intended for anyone to die. For example, if someone accidentally dies during an armed robbery, all robbers could be charged with murder.

How the Felony Murder Rule Works in Massachusetts

In Massachusetts, the felony murder rule elevates a death resulting from a felony to first-degree murder if the felony is punishable by life imprisonment (such as armed robbery, rape, or arson). The rule can lead to a mandatory life sentence without the possibility of parole if convicted of first-degree felony murder.

Rationale Behind the Felony Murder Rule

The felony murder rule has been criticized because it applies harsh penalties without considering individual intent or direct involvement in the death. Critics argue that it can result in disproportionate sentences for individuals who did not intend or directly cause the death, sometimes even if they were only minimally involved in the underlying felony.

Criticisms of the Felony Murder Rule

The felony murder rule has been criticized because it applies harsh penalties without considering individual intent or direct involvement in the death. Critics argue that it can result in disproportionate sentences for individuals who did not intend or directly cause the death, sometimes even if they were only minimally involved in the underlying felony.

Defending Against Felony Murder Charges

Defending a felony murder charge often involves challenging the connection between the felony and the death or disputing the defendant’s involvement in the felony. Additionally, an attorney may argue for reducing the charge if the defendant had a limited role or lacked intent to commit a violent act.

The felony murder rule underscores the seriousness with which the legal system treats violent felonies, emphasizing the need for experienced legal representation in cases where this rule may apply.