165k views
2 votes
According to Chapter 19, criminal homicide of the Penal Code, which of the following is not an element of proof for the offense of murder?

1) Causation
2) Intent
3) Malice
4) Felony murder

1 Answer

3 votes

Final answer:

Felony murder is not considered an individual element of proof for murder; it is a scenario attributing liability for murder during certain felonies. Proof of murder involves establishing causation, intent, and malice to a standard of 'beyond reasonable doubt'.

Step-by-step explanation:

According to Chapter 19 of the Penal Code, the following are generally elements of proof for the offense of murder: Causation, Intent, and Malice. Felony murder is a legal doctrine that can attribute liability for murder to participants in certain violent felonies during which a death occurs, even if they do not actively kill someone. However, it is not considered an individual element of proof alongside factors like causation or intent which must be proven for a murder conviction. The LibreTexts reference to Enmund v. Florida supports this as it highlights that a death sentence cannot be imposed on offenders who did not kill or intend a killing, hinting at the distinction between felony murder liability and direct responsibility for homicide.

In discussing the highest consequences on claims to know and the standard of proof in a capital homicide case, the phrase 'beyond reasonable doubt' is central. This indicates that for someone to be convicted of murder, the evidence presented must be convincing to such a degree that there is no reasonable reason to question the guilt of the defendant. This principle would apply to all elements required to prove murder, supporting the understanding that felony murder is not an individual element but a scenario that could lead to a murder charge.

User Wood
by
7.8k points