The felony-murder rule provides that if a death occurs during the commission of certain types of felonies, the perpetrator can be charged with first degree murder, regardless of intent or premeditation. Consider the following hypothetical:
Three teenage boys decide to rob a convenience store. They know that robbery is a serious crime, but they don’t intend to hurt anyone. One boy stays in the car and waits while the other two commit the robbery. During the robbery, something goes terribly wrong. A police officer arrives, there is a struggle, and the gas station employee is killed.
Although the boys did not intend for anyone to die, they can each be charged with murder under the felony-murder doctrine. This includes the driver waiting in the car, even though he was clueless as to the developing sequence of events.
The underlying rationale for the rule is this: “You chose to commit a dangerous felony. If someone dies because of that felony, the law may hold you responsible for that death, even though you didn’t intend to kill anyone.”
The felony-murder rule originated under common law, and it was designed to enhance or broaden the scope of criminal charges that could be levied against one who commits a felony and a death occurs therein. The common law felony-murder rule has been codified by the states through legislative action. State statutory schemes vary and are subject to amendment and enhancement.
South Dakota Law
South Dakota’s version is found in SDCL 22-16-4(2). Under this provision, the felony-murder rule applies if a death occurs in the commission of “any arson, rape, robbery, burglary, kidnapping, or unlawful throwing, placing, or discharging of a destructive device or explosive.”
South Dakota’s law is considered broader and harsher than many other states. One aspect of this harshness is that, in conjunction with SDCL 2-3-3, all participants in the underlying felony can face felony murder charges if death results, regardless of their specific role in the crime. This is illustrated in the example above with the driver of the car.
Other jurisdictions recognize the merger doctrine, which bars the State’s ability to pursue murder charges when the underlying felony directly results in, or is an integral element of, the homicide. In a case decided in 1980, the South Dakota Supreme Court specifically rejected the merger doctrine. It also rejected the constitutional argument that felony-murder prosecutions violate the double jeopardy clause. In 2002, the Supreme Court upheld a felony-murder life sentence, in the face of constitutional challenge that such constitutes cruel and unusual punishment. The Supreme Court more recently upheld a felony-murder conviction and life sentence in a 2019 case arising out of Brown County.
Prison Overcrowding
As discussed in a previous column, South Dakota is one of the very few states allowing a life without parole (LWOP) sentence for a manslaughter conviction. There have been, and currently are, several inmates serving LWOP in South Dakota. One such inmate died recently in prison from an illness after serving over 32 years in prison based upon a guilty plea (not a jury conviction) to manslaughter.
South Dakota’s broad application of the felony-murder rule presents an incentive for defendants to accept plea bargains to lesser charges, particularly manslaughter. As a result, these defendants are exposed to LWOP sentences.
Extremely long prison sentences, coupled with South Dakota’s broad approach to felony-murder, provides context to South Dakota’s per capita incarceration rate being among the highest in the U.S. and the world.
Authorities: State v. O’Blasney, 297 N.W.2d 797 (1980); State v. Frazier, 646 N.W.2d 744 (2002); State v. Lewandowski, 921 N.W.2d 915 (2019); https://rapidcitypost.com/lock-em-up-throw-away-the-key-really/ ; https://www.prisonpolicy.org/profiles/SD.html .
Note: In regard to the preparation of this week’s column, the author would like to thank Attorney Sarah Baron Houy and Claudia Baron for their assistance and input.
Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at rogermbaron@gmail.com
Roger Baron is a guest columnist for the Rapid City Post. Opinions expressed may not necessarily represent the views of the Rapid City Post, its affiliates, or advertisers.
