Friday, November 11, 2011

People v. Fuller case brief

People v. Fuller

  • Sunday morning: D were noticed stealing tires (burglary), police were dispatched, and D drove away.
  • Chase ensued, D ran red light, struck another automobile, killing the driver.  D was arrested.
  • The chase was 7 miles (11.2654 km.) in distance, took 10-12 minutes.
-Does the Felony Murder Rule apply in this case, which involved a burglary, where the murder was unintentional?
-Yes, D's can be prosecuted for 1st degree murder.
Malice was implied by the dangerousness of the conduct that D was involved in. 
-This eliminates the burden of the prosecution to show/establish malice.
-D has to know conduct is dangerous to life.  (Conscious conduct).
Merger Doctrine: must be an inherently dangerous felony.
A felony + a killing = a murder

Class: Criminal Law.
Subjects: Felony Murder Rule.

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