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Felony Murder: Attempt

By Baker Associates

The ?felony murder? rule is a hotly debated topic in the criminal law arena and is an argument that has proponents with strong convictions on both sides of the aisle. Simply put, states that follow the ?felony murder? rule allow a defendant to be charged with first degree murder if he or she causes the death of another person while committing or attempting to commit certain types of felonies. In Tennessee, those felonies are: ?any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy,? and attempting to throw or place or throwing or placing a destructive bomb. It becomes clear, then, upon looking at the wording of the statute that the felony murder rule essentially works to enhance the felony classification of a murder committed during what would be labeled a ?violent? felony...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on October 26, 2010 (boomark / email).