Murder is defined as killing a human being unlawfully and under circumstances constituting murder. Felony murder is defined as any murder that occurs in the commission of a serious felony, with intention being irrelevant to the charges (such as burglary or sexual battery). Is it conceivable to the public to punish felons for an act in which they had no intent on committing and/or involvement in the end result? The felony murder doctrine should be abolished on the basis that the underlying ingredient to a murder conviction is intent, so how can a criminal with no intent to commit such an act be held accountable for the unintended result in the death of another? There are many court cases that involve the felony murder doctrine as being inconsistent to American justice and have been overturned as the result of appeal. Some arguments against the felony murder doctrine have been highlighted in People v. Dekens, 182 Ill. 2d 247, 695 N.E. 2d 474 (Ill 1998), People v. Moran, 246 N.Y. 100 (1927), and People v. Morris, 1 Ill app. 3d 566, 274 n.e.2d 898. These three cases show how the felony murder doctrine is not flawless. .
The question in People v. Dekens, 182 Ill. 2d 247, 695 N.E. 2d 474 (Ill 1998) is whether a defendant can be charged with first degree felony murder when the person that was killed was a cofelon involved with the unlawful behavior from the beginning. The deceased was killed by the victim of the robbery attempt. The defendant and his accomplices had a plan to rob an undercover officer who was planning to buy drugs from the defendant. Gun shots were fired by the officer as he was leaving the residence and those bullets mortally wounded one of the conspirators. Dekens was thereby charged with the death of his partner under the felony murder doctrine. However, the judge in this case chose to accept the defendant's motion to dismiss the murder charge on the basis that a felon cannot be convicted under the felony murder doctrine for the death of his partner if those actions were not committed in furtherance of the intended crime.
