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Reply #99: What he refers to is the felony murder rule [View All]

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atre Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-15-05 01:32 AM
Response to Reply #23
99. What he refers to is the felony murder rule
That is, if a crime is committed (without specific intent to kill) in the commission of a certain class of "inherently dangerous crimes" (which includes arson, rape, kidnaping, robbery, and a couple others), then first degree murder charges are available. Child abuse, while a crime, isn't included in that class.

First degree is also available when there is premeditation, however. In this case, there is clear premeditation since the mother poisoned her daughter. Premeditation means there was a specific intent to kill and a specific plan to do so formulated before the act which caused death; premeditation is always present in murders involving strangulation or poisoning, unless they are accidental.
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