That first part is the same part. It’s the same thing. Transferred intent. Your accomplice intends the foreseeable consequences of their actions, and you theirs.
I could make the argument that by participating in a felony, accomplices are accepting the inherent risk, so if they happen to get hurt or killed that’s on them and shouldn’t be considered felony murder.
Sure, I suppose that’s as logical of a thing to do. It’s because of public policy and the social economics of it that we don’t. We as a society and our legal system, at our best, should be indemnifying, like, employees that get hurt on the job, firefighters that get lung cancer and such, delivery drivers that get bit by dogs, Major League Baseball (/s), and gun manufacturers (/s), not convicted felons who conspired to do a thing that could foreseeably and then did get their accomplice killed. They don’t have the political capital to get a law like that passed. Just, as a group, not a lot of lobbying money for convicted felonious coconspirators whose accomplice died in the course and scope of it.
It’s only felony murder when the accomplice is killed by something that justifies making the conduct illegal in the first place. That limits the concern of runaway criminal liability. Also I think just doctrinally, one can’t assume a risk of wrongful death; it would essentially legalize negligent or reckless homicide.
That first part is the same part. It’s the same thing. Transferred intent. Your accomplice intends the foreseeable consequences of their actions, and you theirs.
Sure, I suppose that’s as logical of a thing to do. It’s because of public policy and the social economics of it that we don’t. We as a society and our legal system, at our best, should be indemnifying, like, employees that get hurt on the job, firefighters that get lung cancer and such, delivery drivers that get bit by dogs, Major League Baseball (/s), and gun manufacturers (/s), not convicted felons who conspired to do a thing that could foreseeably and then did get their accomplice killed. They don’t have the political capital to get a law like that passed. Just, as a group, not a lot of lobbying money for convicted felonious coconspirators whose accomplice died in the course and scope of it.
It’s only felony murder when the accomplice is killed by something that justifies making the conduct illegal in the first place. That limits the concern of runaway criminal liability. Also I think just doctrinally, one can’t assume a risk of wrongful death; it would essentially legalize negligent or reckless homicide.