{"id":156,"date":"2019-02-05T19:25:56","date_gmt":"2019-02-05T19:25:56","guid":{"rendered":"https:\/\/www.restorejustice.org\/?p=156"},"modified":"2023-07-05T16:53:58","modified_gmt":"2023-07-05T16:53:58","slug":"explainer-felony-murder","status":"publish","type":"legal-explainer","link":"https:\/\/www.restorejustice.org\/legal-explainer\/explainer-felony-murder\/","title":{"rendered":"Felony Murder"},"content":{"rendered":"
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What is Felony-Murder?
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In Illinois, a person can be charged and convicted of first-degree murder\u2014a conviction that carries a minimum sentence of twenty years and, under certain circumstances, a maximum sentence of natural life\u2014even if they did not actually kill the victim or intend to commit the murder. \u00a0<\/span><\/p>\n

To charge someone with first-degree murder, an individual (1) intended to kill or do great bodily harm or knew that their actions would cause death; (2) knew that their actions created a strong probability of death or great bodily harm; or (3)<\/span> were attempting or committing another felony crime.<\/span><\/i><\/p>\n

Under this rule, people can be\u2014and often are\u2014convicted of first-degree murder in scenarios where a death is unintentional or is caused by another person, all in the commission of a different type of crime. \u00a0That type of crime is defined as a \u201c<\/span>forcible felony.<\/b>\u201d<\/span><\/p>\n

Why does it matter?<\/b><\/span><\/h3>\n

A conviction for felony-murder in Illinois carries a penalty of 20 to 60 years imprisonment and, under some circumstances, the maximum penalty can be extended to a term of natural life. This same maximum and minimum sentence is available to juveniles and young adults who are disproportionately impacted by the felony-murder rule, as they are more likely to act in groups (or \u201cco-offend\u201d)<\/span> and are more susceptible to peer pressure. <\/span><\/p>\n

Even though the US Supreme Court has established that youthful offenders lack maturity, have an underdeveloped sense of responsibility making them more reckless, impulsive, and risk-prone than adults, and are more susceptible to rehabilitation, when convicted of felony-murder, youthful offenders are branded \u201cviolent offenders\u201d for life, and are subject to the same sentencing range as the person who \u201cpulled the trigger.\u201d This is true even if they personally did not inflict any harm or commit an act of violence. A conviction for felony-murder usually results in youthful offenders being sentenced to extreme periods of incarceration, including life without parole (LWOP) or de facto LWOP.<\/span><\/p>\n

\u201cFelony murder statutes assume that a person who participates in a felony understands the risk that someone may be killed,\u201d says Jody Kent Lavy, executive director of the Campaign for the Fair Sentencing of Youth. \u201cBut well-established brain development science shows that children and teenagers are less able to perceive risk or anticipate consequences than adults. Given this, and children\u2019s unique capacity for positive change, it is harsh and inappropriate to subject any child to life in prison, especially under a felony murder theory of liability.\u201d<\/span><\/p>\n

Proximate Cause Theory versus Agency Theory<\/b><\/span><\/h3>\n