During an armed robbery, Sarah and Tom are in the process of stealing valuables when a security guard, Officer Lee, intervenes. In the ensuing confrontation, Officer Lee is fatally injured by Sarah. Both Sarah and Tom are charged with murder under FMR. Which of the following must the prosecution demonstrate to uphold Sarah's felony murder charge?
That Sarah showed a disregard for Officer Lee's safety during the robbery.
That Sarah and Tom planned Officer Lee's injury in advance.
That Sarah was involved in the armed robbery when Officer Lee was injured.
That Sarah had the intention to cause Officer Lee's death during the incident.
The prosecution must demonstrate that Sarah was engaged in a dangerous felony (armed robbery) at the time Officer Lee was fatally injured, satisfying the requirements of FMR. The charge does not require proving an intention to cause death, making options that suggest intent incorrect.
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Multistate Bar Examination
Criminal Law and Procedure
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