Felony Murder Law?

Question

a man accidently shot a yougn girl while riding in the back seat of a car. he claims the gun went of on its own. he did not have a license for the gun and it was not his gun. what is the best way to present this case to prove he is guilty of murder and not accidental man slaughter?

Answer 1

Felony murder is a way to get around the normal intent requirement for murder, where the murder occurred during the commission of some other dangerous felony.

From the facts presented, there doesn't appear to be any other dangerous felony (kidnapping, robbery, etc.) that was occurring. So, the death would only be murder if it was intentional.

From the facts presented, the prosecution would need to prove either an intent to kill or an intent to cause serious bodily harm, or that the gun was fired deliberately with the shooter not caring if a person was killed (such as firing blindly into a crowd). If the prosecution can prove motive to kill, the jury can infer intent. But absent a clear motive, and absent other clear evidence of intent, the defense has a strong case for negligent homicide (involuntary manslaughter).

Answer 2

Your question contains a contradiction in its terms. If the shooting was accidental, it can not be murder, which requires intent...unless, of course, you're including depraved indifference/ criminally negligent types of murder in your category.

Answer 3

Unless there are witnesses, documentation etc. Basically evidence suggesting he had motive to kill her, it can only be manslaughter.

And this is all assuming things were as normal, meaning no kidnapping etc.