A suspect sets fire to an abandoned warehouse at night, intending to commit arson. Unbeknownst to the suspect, a homeless individual is sleeping inside the building and dies in the fire. Can the suspect be charged with felony murder for the death of the homeless individual?
Yes, because the death occurred after the fire was started, even though the suspect was unaware of the victim.
No, because the suspect did not intend to kill anyone.
No, because the suspect did not know the homeless individual was inside the warehouse.
Yes, because arson is considered a dangerous felony that can trigger the felony murder rule.
Felony murder applies when a death occurs during the commission or attempted commission of a felony. Arson is categorized as a dangerous felony that qualifies under the felony murder doctrine. The doctrine holds individuals liable for deaths resulting from their felonious actions, regardless of whether they knew someone would die or intended harm. Thus, the death of the homeless individual, as a direct outcome of the arson, makes the suspect responsible under felony murder principles. Incorrect answers suggesting that knowledge of the victim's presence or intent to kill is required misrepresent the doctrine, as felony murder does not hinge on intent or awareness of possible victims being present.
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Multistate Bar Examination
Criminal Law and Procedure
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