Keywords
murder laws, juvenile defendants, felony, criminal law
Document Type
Article
Abstract
The felony murder rule applies when a killing occurs during the commission of a felony offense. Youth under the age of 18 years can be charged with felony murder even if they did not commit the killing or intend the death of the victim, and subsequently sentenced to an adult maximum sentence, including life in prison. This study examines how states enable lengthy sentencing terms for their juvenile defendants charged with felony murder. By reviewing felony murder provisions and state appellate court decisions in all fifty states and the District of Columbia, we identify how juveniles who did not commit the act of homicide and/or intend for the killing in a felony murder are sentenced to lengthy prison terms. We conclude with a call to recognize that punishment terms of juveniles for felony murder should be viewed as unconstitutional under the Eighth Amendment.
Digital Object Identifier (DOI)
https://jcjl.pubpub.org/pub/v4i290107
Recommended Citation
Kokkalera, Stuti S.; Strah, Beck M.; and Bornstein, Anya
(2021)
"Too Young for the Crime, Yet Old Enough to do Life: A Critical Review of How State Felony Murder Laws Apply to Juvenile Defendants,"
Journal of Criminal Justice and Law: Vol. 4:
Iss.
2, Article 2.
DOI: https://jcjl.pubpub.org/pub/v4i290107
Available at:
https://research.library.kutztown.edu/jcjl/vol4/iss2/2