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A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Most jurisdictions in the United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law. Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in America separately from England. Its historic roots have been called "deep but terribly obscure".
James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be sentenced to a mandatory minimum 15-year prison term.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
In the state of California, a heavily modified version of the common law felony murder rule is codified in California Penal Code § 189.
Murder in Pennsylvania law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania.
Murder in Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.
Murder in Arizona law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arizona.
Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
Murder in Kentucky law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Kentucky.
Murder in Massachusetts law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Massachusetts.
In the law of the U.S. state of Mississippi, murder constitutes the intentional killing, under circumstances defined by law. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had the highest murder rate in the country, just ahead of Louisiana.
Murder in South Carolina law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of South Carolina.
Murder in Virginia law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Virginia.
Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.
Murder in Wyoming law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wyoming.
Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.
Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.
References
- ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- 1 2 Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 878-79.
- ↑ State v. Sophophone, 270 Kan. 703 (2001)
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