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32 Harv. J. L. & Pub. Pol'y 1155 (2009)
Reconsidering the Felony Murder Rule in Light of Modern Criticism: Doesn't the Conclusion Depend upon the Particular Rule at Issue

handle is hein.journals/hjlpp32 and id is 1173 raw text is: RECONSIDERING THE FELONY MURDER RULE IN LIGHT OF MODERN CRITICISMS: DOESN'T THE CONCLUSION DEPEND UPON THE PARTICULAR RULE AT ISSUE? DAVID CRUMP* I. FOR AND AGAINST THE FELONY MURDER RULE: THE WELL-WORN ARGUMENTS ......................... 1158 A. Traditional Arguments in Opposition ...... 1158 B. Traditional Arguments Supporting the Rule .................................... 1161 II. WHAT KIND OF FELONY MURDER STATUTE? GOOD ONES AND BAD ONES .............................. 1165 A. Good Felony Murder Definition (Although Good Is Always in the Eye of the Beholder) .................................... 1165 B. Bad Felony Murder Definition (Although Bad Is in the Eye of the Beholder, Too) ................................... 1170 III. EVALUATING THE NEWER ARGUMENTS AGAINST THE FELONY MURDER RULE ............... 1176 A. Restatements of Traditional Arguments ..... 1176 B. Newer Arguments Against the Rule ........ 1177 C ONCLUSION .............................................................. 1183 The felony murder doctrine has long been a target for detrac- tors.' In some instances, the criticisms have had merit, or at least they have had merit when aimed at certain ill-considered * John B. Neibel Professor of Law and Faculty Director, Continuing Legal Edu- cation, University of Houston Law Center; J.D., University of Texas School of Law; A.B., Harvard College. 1. See, e.g., Guyora Binder, The Culpability of Felony Murder, 83 NOTRE DAME L. REV. 965, 966 (2008) (asserting that commentators are almost unanimous in con- demning felony murder).

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