14.7k views
3 votes
Should an offenders be charged with first degree murder in cases of felony murder?

User Vinodh
by
6.7k points

1 Answer

5 votes

Final answer:

Offenders should only be charged with first-degree murder in cases of felony murder if they killed, attempted to kill, or intended for a killing to occur, as established by the precedent in Enmund v. Florida.

Step-by-step explanation:

Under the legal doctrine of felony murder, a person may be charged with first-degree murder if a killing occurs during the commission of a felony, even if they did not directly commit the act.

However, the Supreme Court case Enmund v. Florida established that an individual who did not kill, attempt to kill, or intend for a killing to occur, should not face the death penalty. This precedent suggests that charging with first-degree murder should require an element of intent or active participation in the killing.

In the case of Ford v. Wainwright, it was determined that a death sentence cannot be imposed on the insane, highlighting the significance of the defendant's mental state at the time of the crime. Furthermore, the Fifth Amendment provides that serious crimes like felonies should only be prosecuted following an indictment by a grand jury, ensuring a fair and thorough consideration of the evidence.

Therefore, whether an offender should be charged with first-degree murder in cases of felony murder depends on their level of involvement and intent, as well as their mental state. Each case is unique and should be evaluated on its own merits, taking into account the legal provisions and precedents such as those from Enmund v. Florida and Ford v. Wainwright.

The Supreme Court also emphasizes the importance of the offender's mental state, as seen in Ford v. Wainwright. Each case must be assessed individually, considering the offender's intent and involvement.

User Dfche
by
7.6k points