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21 Berkeley J. Crim. L. 1 (2016)

handle is hein.journals/bjcl21 and id is 1 raw text is: 

ISSUE 21:1                                                  SPRING 2016


Assaultive Femicide and the American

                Felony-Murder Rule


                           Hava  Dayan*


        This article examines the American legal criminal doctrine that
is commonly   applied in cases of a particular sub-type of femicide:
assaultivefemicide, women who  are battered to death. The most relevant
criminal doctrine applicable to these circumstances is the felony-murder
rule, applied in most U.S. jurisdictions. As will be shown, the doctrine's
most problematic  modification relates to one of its sub-doctrines, the
principle of merger, which was stretched and extended to include lesser
non-homicidal  offenses such as assault. This gross doctrinal extension
has in fact created a criminal anomaly whereby blameworthy murderers
of  women   are exonerated  and  technically exempted  from  murder
convictions. Given that most U.S. jurisdictions apply the felony-murder
doctrine in some form, the article will analyze and scrutinize the felony-
murder   doctrine  with  regard  to  its particular applicability to
circumstances  of assaultive femicide. In  addition, the article will
propose  statutory amendments  to Sections 210.2(b) and 210.6 of the
U.S. Model Penal  Code. The proposed statutory amendments to the U.S.
Model  Penal Code  are applicable, mutatis mutandis, to most American
jurisdictions and may constitute a prototype for future legislative state
reforms.

IIntroduction......................2.....        ...............2
II.A Criminological Perspective on Assaultive Femicide..  .......... 5
II.The  Origins of the Felony-Murder Rule ........... .................... 11
IV.The  United States Felony-Murder Rule..................... 15


DOI: https://dx.doi.org/10.15779/Z380G40
Copyright 0 2016 Regents of University of California
*  Ph.D, LLB, Senior Staff Member, School of Criminology, University of Haifa. I
would like to thank Prof. Nancy K. D. Lemon from Berkeley Law School for her
insightful comments and thorough review, and to the editors and members of Volume
21 of the Berkeley Journal of Criminal Law for their diligent and intelligent work on
this article.


ISSUE 21:1


SPRING 2016

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