Work through a fresh felony-murder hypo with examiner-style analysis on the agency theory, the Redline doctrine, and the proximate-cause minority rule.
Theo and Jonas plan to rob the Maple Avenue Pharmacy. Theo, armed with an unloaded prop pistol that looks like a real revolver, enters the pharmacy and demands cash. Jonas waits in the getaway car outside with the engine running. The pharmacist hits a silent alarm. Officer Reyes arrives ninety seconds later, draws her service weapon, and orders Theo to drop the pistol. Theo points the prop pistol at her. Officer Reyes fires twice and kills Theo. Jonas, still in the car, is arrested without resistance. The state charges Jonas with felony murder for the death of his co-felon Theo.
Under the majority agency theory and the Redline doctrine, Jonas is not guilty of felony murder for Theo's death. He remains liable for the underlying armed robbery and conspiracy. Felony murder makes a defendant guilty of murder when a death occurs during the commission of a qualifying felony. Two limiting doctrines restrict the rule when the killer is not a co-felon. The agency theory — the majority and MBE-default view — holds that felony murder applies only when the killing is committed by the defendant or a co-felon acting in furtherance of the felony. Killings by police officers, victims, or bystanders do not trigger felony-murder liability under the agency theory. The Redline doctrine, adopted in Pennsylvania and several agency-theory states, expressly bars felony-murder liability for the death of a co-felon at the hands of a non-felon, even where some other officer-killing might be brought within proximate-cause theories. The minority proximate-cause theory extends felony murder to any death proximately caused by the felony, including deaths of co-felons killed by police, but it is not the MBE default.
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May Jonas be convicted of felony murder for the death of his co-felon Theo, where Theo was killed by a police officer during the response to the underlying armed robbery?
Felony murder makes a defendant guilty of murder when a death occurs during the commission of a qualifying felony. Two limiting doctrines restrict the rule when the killer is not a co-felon. The agency theory — the majority and MBE-default view — holds that felony murder applies only when the killing is committed by the defendant or a co-felon acting in furtherance of the felony. Killings by police officers, victims, or bystanders do not trigger felony-murder liability under the agency theory. The Redline doctrine, adopted in Pennsylvania and several agency-theory states, expressly bars felony-murder liability for the death of a co-felon at the hands of a non-felon, even where some other officer-killing might be brought within proximate-cause theories. The minority proximate-cause theory extends felony murder to any death proximately caused by the felony, including deaths of co-felons killed by police, but it is not the MBE default.
Officer Reyes is not a co-felon, and her shooting was not committed in furtherance of the robbery — she was acting to stop it. Under the agency theory, her act cannot be attributed to Jonas for felony-murder purposes. Under the Redline doctrine, the death of a co-felon at the hands of a non-felon is specifically outside the felony-murder rule even if other officer-killings might be brought within proximate-cause theories. Both limiting doctrines bar Jonas's felony-murder conviction. Under a minority proximate-cause jurisdiction, the analysis would be different — Theo's death was a foreseeable consequence of the armed robbery and Jonas could be liable. But on the MBE the agency theory and Redline are the dominant rules and are the expected answer for co-felon deaths at the hands of police. Jonas remains liable for the underlying robbery, conspiracy, and any attempt charges; his exposure is simply not felony murder.
Under the majority agency theory and the Redline doctrine, Jonas is not guilty of felony murder for Theo's death. He remains liable for the underlying armed robbery and conspiracy.
That is the minority proximate-cause rule. The MBE majority rule is the agency theory, and Redline expressly bars liability for co-felon deaths at the hands of non-felons.
Physical presence is not required for co-felon liability. A getaway driver acts in furtherance of the felony. The defense here is the identity of the killer, not Jonas's location.
That makes Officer Reyes's response justified, but it does not convert her shooting into a co-felon act. The agency theory still bars felony-murder liability against Jonas.
Armed robbery is satisfied by the use of what reasonably appears to be a deadly weapon — the empty prop counts. The threshold felony exists; the issue is who killed.