Question

A defendant entered a convenience store wearing a Halloween mask and carrying a gun. He pointed the gun at the store clerk and told him to empty the cash register into a bag and hand it over. The clerk told the defendant that he needed a key from below the counter to unlock the cash drawer. He leaned over, pulled out a gun from behind the cash register, and quickly fired a shot. The defendant had seen the clerk reach for the gun, however, and jumped out of the way before the shot was fired. The bullet hit a customer, who later died from the injury.
Is the defendant likely to be convicted of felony murder in a jurisdiction that follows the majority law?
A. No, because the clerk could not be considered the agent of the defendant.
B. No, because the defendant did not shoot the customer.
C. Yes, because the customer’s death was a natural and probable consequence of the robery.
D. Yes, because the defendant is strictly liable for any death that occurs during an inherently dangerous felony.

Answer 1

Answer:

D. Yes, because the defendant is strictly liable for any death that occurs during an inherently dangerous felony.

Explanation:

The store clerk will probably be prosecuted for putting others at danger and taking a life even though it was not intentional as he was trying to defend himself.

The charge would probably be manslaughter and not first degree murder. That way he can get a reduced sentence from the court.

The shop clerk is fully responsible for his actions, despite the intent and thus he is liable for the death of a nearby customer.

The shop clerk actually pulled the trigger inside the convenience store filled with innocent people hereby putting a lot of people's lives at risk and eventually killed a person.

Answer 2

Answer:

A. No, because the clerk could not be considered the agent of the defendant.

Explanation:

In this case, the only thing that the defendant can be convicted for is armed robbery. Following the majority law, the defendant will not be convicted of felony murder, even though the customers die and he was committing a crime when the incident occurred. This is so because for the defendant to be convicted of felony murder under the majority law, then the clerk has to be an agent of the defendant, which in this case, he clearly was not.