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Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan

Fordham Urban Law Journal

This article argues that a legislative reconsideration of the New York felony murder doctrine is timely and essential. The author traces the origins of New York's felony murder statute and recent efforts to limit its scope. The author argues that the felony murder doctrine contravenes the modern philosophy of adjudication based on subjective factors such as mens rea, eroding the link between criminal liability and moral culpability.