IT’S TIME TO ABOLISH FELONY MURDER LAWS^*

Survivors of domestic violence, intimate partner violence, sexual violence, trafficking, or other forms of exploitation, can be exposed to felony murder charges because they are present during – or coerced to participate in – their abusive partner’s violence, frequently under the risk of facing lethal violence themselves if they do not comply.

Felony murder laws disproportionately impact Black and brown people in part because of the low burden of proof these laws impose. Studies show that racial biases can impact charging decisions, especially where prosecutors have broad discretion and minimal constraints. Because felony murder laws generally do not require the State to prove an “act” that caused a death or intent to cause that death, prosecutors have fewer formal legal factors to weigh when bringing a felony murder charge. Thus, prosecutors’ decisions are less likely to be based on the strength of the evidence and more likely to be based on subjective proxies for culpability, which often include racial stereotypes.

Felony murder prosecutions target young people, frequently imposing lifetime punishments for outcomes that a young person had little capacity to anticipate. This is in part because of the power dynamics and peer pressure that young people face in group situations. The felony murder doctrine's impact on youth also intersects with its racialized impact, since Black and brown youth are perceived as older and disproportionately policed, prosecuted, and punished. Community organizers have also reported that similar dynamics of coercion and peer pressure can result in felony murder charges for people who have experienced bullying, abuse, or exclusion due to developmental disabilities.