New York Law (NYLE) Practice Exam

Two brothers were fleeing from the scene of a bank robbery they committed, when one of the brothers accidentally killed the other. May the surviving brother be convicted of felony murder?

1. No, because the brother who was killed was a participant in the robbery.

2. No, because the robbery was completed before the brother's death.

3. No, because the killing was accidental.

4. Yes, because the death occurred during flight from the commission of a statutorily specified felony.

The correct answer is: No, because the brother who was killed was a participant in the robbery.

The surviving brother may be convicted of felony murder because the legal principle of felony murder operates under the premise that if a death occurs during the commission or flight from a felony, all participants in the felony can be held liable for that death, even if it occurs accidentally and even if the victim is a co-participant. In this scenario, the brothers were actively committing a robbery, and the death occurred while they were fleeing from that crime. The survival of the felony murder rule hinges on the fact that the killing was linked to their participation in the initial felony act of robbery, making them both culpable under the law. The fact that the victim of the murder was also a participant does not remove the action from the scope of felony murder liability; rather, the connection to the ongoing commission of the felony provides the necessary legal basis for conviction. By focusing on the nature of the crime and the circumstances surrounding the death, the felony murder rule maintains that all co-conspirators are responsible for each other’s actions during the commission of a crime, regardless of intent or the status of the one who died.