Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 The second degree felony-murder rule has been criticized and, indeed, described as disfavored. (E.g., Patterson, supra, 49 Cal.3d at p. 621.) Courts have repeatedly stated, as recently as 2005, that the rule '`'deserves no extension beyond its required application.''' (People v. Howard, supra, 34 Cal.4th at p. 1135.) For these reasons, although the second degree felony-murder rule originally applied to all felonies (People v. Doyell, supra, 48 Cal. at pp. 94-95; Pike, What Is Second Degree Murder in California?, supra, 9 So.Cal. L.Rev. at pp. 118-119), courts have subsequently restricted its scope in at least two respects to ameliorate its perceived harshness.

 

First, '[i]n People v. Ford (1964) 60 Cal.2d 772, 795 [36 Cal.Rptr. 620, 388 P.2d 892], the court restricted the felonies that could support a conviction of second degree murder, based upon a felony-murder theory, to those felonies that are `inherently dangerous to human life.'' (Hansen, supra, 9 Cal.4th at p. 308.) Whether a felony is inherently dangerous is determined from the elements of the felony in the abstract, not the particular facts. (Patterson, supra, 49 Cal.3d at p. 621.) Section 246 makes it a felony to 'maliciously ...

Register or login to access full content



Professors
Professionals
Students