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The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills (regardless of accidentally or without specific intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), he/she is guilty of murder. Second, it makes any participant in such an offence criminally liable for any deaths that occur during or in furtherance of that offence. In short, deaths that occur in the commission of a dangerous offence or enumerated offence (enumerated = stated in statute, e.g. rape, etc.) is murder. While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felonies. According to some commentators, the common law rule dates to the twelfth century and took its modern form in the eighteenth century. Critics of the rule argue that the rule is unjust because it requires no intent to kill.〔See Crump, ''Reconsidering the Felony Murder Rule in Light of Modern Criticisms: Doesn't the Conclusion Depend Upon the Particular Rule at Issue?'', 32 Harv. J.L. & Pub. Pol'y 1155〕 In favor of the rule, it can be argued that the rule affirms the principle of the sanctity of human life by imposing harsher penalties for crimes that destroy human life.〔 The rule has been abolished in England and Wales〔The Homicide Act 1957 (5 & 6 Eliz.2 c.11), section 1〕 and in Northern Ireland.〔The Criminal Justice Act (Northern Ireland) 1966 (c.20) (N.I.), section 8 (SLD ) (the Homicide Act 1957 did not extend to Northern Ireland, except in relation to courts-martial by section 17(3) of that Act)〕 In Canada, it has been held to be unconstitutional, as breaching the principles of fundamental justice.〔''R v Vaillancourt'', () 2 SCR 636.〕〔R v Martineau, () 2 SCR 633.〕 In some jurisdictions (such as Victoria, Australia), the common law felony murder (called constructive murder) rule has been abolished, but has been replaced by a similar statutory provision in the Crimes Act 1958.〔''Crimes Act'' 1958 s.3A〕 Similarly, in NSW, common law has been overridden and the question needs only be dealt with through statutory construction and application.〔(【引用サイトリンク】) HCA 21">url=http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/high_ct/2001/21.html?stem=0&synonyms=0&query=%22%202001%20hca%2021%22 )〕 ==Origin== The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime, however unintended. Some commentators regard this as a legal fiction whereby the law pretends that the person who intended one wrongful act, also intends all the consequences of that act, however unforeseen. Others regard it as an example of strict liability, whereby a person who chooses to commit a crime is considered absolutely responsible for all the possible consequences of that action. Lord Mustill regards the historical rule as a convergence of these views.〔(Lord Mustill's exposition to the House of Lords, 1994 )〕 The idea of the felony murder rule arose in 1716, with William Hawkins' Treatise of Pleas of the Crown, during his work on English criminal law. Hawkins reasoned that malice was implicit in a crime that, “necessarily tends to raise Tumults and Quarrels, and consequently cannot but be attended with the danger of personal hurt.”, thus, "this rule should extend to killings in the course of felonies à fortiori.".〔(GUYORA BINDER, Boston University Law Review )- ''MAKING THE BEST OF FELONY MURDER''; INDEPENDENT FELONY REQUIREMENTS, p.525- Retrieved 2013-09-02〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「felony murder rule」の詳細全文を読む スポンサード リンク
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