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25 S. Ill. U. L. J. 331 (2000-2001)
Felony Murder in Illinois - The Agency Theory vs. the Proximate Cause Theory: The Debate Continues

handle is hein.journals/siulj25 and id is 365 raw text is: FELONY MURDER IN ILLINOIS-THE AGENCY THEORY VS. THE PROXIMATE CAUSE THEORY: THE DEBATE CONTINUES James W. Hilliard' I. INTRODUCTION Consider two hypotheticals. In the first, the defendant and her co-felon are committing a forcible or violent felony, such as robbery. While committing that crime, the felony victim fatally shoots a bystander,' the co- felon,2 or himself.3 Is the defendant guilty of murder? In the second hypothetical, the defendant and her co-felon have committed the robbery and are escaping from the scene of the felony. In an attempt to capture them, the felony victim, a law enforcement officer or a bystander fatally shoots another officer or bystander, or the co-felon.4 Is the defendant guilty of murder? Whether the defendants in these hypotheticals are guilty of murder depends on which general theory of the felony murder rule the jurisdiction recognizes. Under the Illinois felony murder rule, a person is guilty of first degree murder if a death occurs when that person is attempting or committing a forcible felony other than second degree murder.' Illinois follows the proximate cause theory of felony murder. Under this theory, there is no requirement thata defendant be the person who both * B.A., Northwestern University, 1980; J.D., University of Illinois College of Law, 1983. The author is currently serving as a judicial clerk to Justice Charles E. Freeman of the Illinois Supreme Court. The views expressed herein are those of the author alone. The author is grateful for the insight of Cynthia Cobbs and Anthony Swanagan. I. See, e.g., People v. Pugh, 634 N.E.2d 34 (111. App. Ct. 1994). 2. See, e.g., People v. Dekens, 695 N.E.2d 474 (III. 1998); State v. Oimen, 516 N.W.2d 399 (Wis. 1994); State v. Baker, 607 S.W.2d 153 (Mo. 1980). 3. See, e.g., Miers v. State, 251 S.W.2d 404 (Tex. Crim. App. 952); see also People v. Smith, 307 N.E.2d 353 (III. 1974) (discussing case where victim jumped from window to escape from defendant). 4. See, e.g., People v. Allen, 309 N.E.2d 544 (111. 1974) (containing case where police officer shoots police officer); People v. Lowery, 687 N.E.2d 973 (11. 1997) (discussing case where felony victim shoots bystander); State v. Moore, 580 S.W.2d 747 (Mo. 1979) (reviewing case where bystander shoots bystander); Palmer v. State, 704 N.E.2d 124 (Ind. 1999) (concerning case where correctional officer shoots co-felon). 5. 720 ILL. COMP. STAT. 5/9-1(a)(3)(1998).

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