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MMLU / A man and a woman conspired together to rob a bank. As they were exiting the…

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question

A man and a woman conspired together to rob a bank. As they were exiting the bank after the robbery they were confronted by armed tactical police officers. The man raised his gun at the officers and a flurry of shots followed. The man was injured but survived; the woman co-conspirator died from a police officer's bullet. The authorities charged the man with felony-murder of the woman. He was convicted and appealed. Under the prevailing modern view of felony murder, will the appellate court likely reverse the first-degree murder conviction?

choices

  1. Yes, because the felony murder rule has been declared unconstitutional.
  2. Yes, because the majority view is that felony murder does not apply if a co-conspirator is killed by a third person during the commission of the crime.
  3. No, because all states recognize that felony murder applies to any deaths that occur during the commission of the crime regardless of who fired the fatal shot.
  4. No, because the man started the flurry of shots instead of surrendering; he caused the woman's death and is guilty of first degree murder.

subject

professional_law

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