Which of the following defenses can apply to a felony murder charge?

Prepare for the Multistate Bar Examination (MBE) with our engaging quiz. Featuring flashcards and multiple choice questions, each with hints and explanations. Get ready to excel!

The correct answer reflects that defenses applicable to the underlying felony can indeed be raised in a felony murder charge. The felony murder rule holds that if a person commits a felony and, during the commission of that felony, a death occurs, that person can be charged with murder. This means that the elements of the underlying felony become critical in determining criminal liability.

For example, if the defendant can demonstrate that they did not have the requisite intent for the underlying felony or that they were acting under duress at the time of committing that felony, such defenses can negate or reduce liability for murder. Therefore, if a defendant is charged with felony murder, they can contest the underlying felony, which influences their culpability for the resulting death.

The other options do not align with how defenses are evaluated in a felony murder scenario. Claims like self-defense, while important in assessing murder charges, do not automatically apply to felony murder unless the underlying felony allows for such a defense. General defenses such as duress are specific and relevant only in relation to the underlying felony, not affirmatively raised against the felony murder charge itself. Finally, while felony murder often operates under a strict liability framework regarding the act of murder, it does not eliminate the opportunity to contest the legitimacy of the underlying

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy