What’s the problem?
Can people be found guilty of murder and sentenced to life in prison even if the Court knows they didn’t kill anyone? In Maryland, the answer is yes because of our State’s legal-fiction known as the “felony-murder rule.”
Under felony-murder standards, someone who intended participation in a much lesser crime (for example, robbery with no weapon or burglary) can receive a life-sentence[1] if they had the bad luck of:
- police shooting someone during the arrest,
- an unhealthy victim having a heart attack, or
- an accomplice spontaneously panicking and committing an unplanned killing.
Should bad luck be the decisive factor for the Court’s imposing life sentences? In England where the felony-murder rule was invented, the answer is no. The felony-murder rule was repealed there many years ago. It also has been changed in Canada and elsewhere in the former British Empire. In the U.S., the rule has been changed in Kentucky, Ohio, Michigan, California and other states.
Maryland doesn’t keep statistics on the percentage of its 2,328 life-sentence prison inmates convicted via felony-murder. But, other states’ surveys have found women and juveniles are impacted disproportionately[2]:
- 72% of women sentenced for felony-murder did not personally commit a killing;
- The average age of those convicted of felony-murder was 20 years old.
In Maryland, life sentences for felony-murder are still harsher as most Governors veto the huge majority of lifers’ parole recommendations. Does the felony-murder rule provide a deterrent? One survey2 found that fewer than 1% charged with felony-murder knew of the rule before their arrest.
Specific examples of Maryland’s felony-murder rule:
- Jeter[3] agreed with an accomplice to break into a men’s clothing warehouse (maximum penalty 15 years); police responded and promptly arrested Jeter, who was unarmed. After his arrest, the accomplice still in the warehouse allegedly shot and killed a security officer. Maryland courts approved Jeter’s felony-murder conviction (penalty – life in prison), even though the killing by the accomplice occurred after Jeter already was in police custody. The accomplice later was not found guilty.
- Jackson[4] and accomplices planned to rob a jewelry store carrying guns (maximum penalty – 25 years); when police arrived, they held store employees hostage and attempted to escape. Although Jackson and his accomplices killed no one, police accidentally shot a store employee and Maryland courts convicted Jackson of felony-murder (penalty – life in prison).
- Stewart[5] robbed a motel clerk with a note that read “Don’t say a word. Put all the money in this bag and no one will get hurt!” (maximum penalty – 10 years) The clerk didn’t see a gun and none was found. Prior to the event, the clerk had surgery for cancer and one lung was surgically removed. Two hours after the robbery, she felt ill, had trouble breathing, and died of a heart attack. Maryland courts, applying the felony-murder rule, approved the robber’s conviction for 1st degree murder, eligible for a life sentence.
- Four[6] teenagers agreed to burglarize a house (maximum penalty – 20 years). But, while three were inside, the fourth behind the wheel of the getaway car saw a police officer approaching, panicked and ran her over, killing her. Applying Maryland’s felony-murder rule, all four teens were eligible for life sentences although none planned to kill anyone.
How can we improve it?
Many models are available for a Maryland bill to revise our unfair felony murder rule. For example, Hawaii, Kentucky, Massachusetts and Michigan have legislatively abolished the rule. Both Pennsylvania and Illinois have bills under consideration. In February 2019, California substantially narrowed that state’s felony murder law to eliminate all but “major” felony participants with “reckless disregard” for human life. Those convicted under the unfair, prior felony-murder rule were permitted re-sentencing for the related crimes they admittedly committed.
Would such resentencing burden the State? Clearly, such costs should be offset by savings of reduced incarceration for those no longer serving time at $45,000 per year per person. Will State’s Attorneys be unable to get convictions without the felony-murder rule? Adopting California’s model, Maryland prosecutors still could obtain revised felony-murder convictions for second degree murder with a maximum penalty of 40 years.
Status of the Legislation
In the 2020 legislature two bills have been filed: HB1308/SB0919: Criminal Law – Felony First–Degree Murder – Limitation and Review of Conviction. Among this bill’s objectives is to alter the definition of first degree murder so as to include the principal while excluding “any participant in the crime.” In addition it allows those previously convicted under the felony murder rule to apply for a review of their conviction.
Learn More!
Felony Murder (Critical Perspectives on Crime and Law) by Guyora Binder https://www.amazon.com/gp/product/B007X57VPM/
The Marshall Project asks: Can It Be Murder If You Didn’t Kill Anyone? https://www.themarshallproject.org/2018/06/27/can-it-be-murder-if-you-didn-t-kill-anyone
Restore Justice: Know More: Felony Murder
https://restorejustice.org/know-more-felony-murder/
Abolish felony murder in Maryland, Lila Meadows, University of Maryland Clinical Law Program https://www.baltimoresun.com/opinion/op-ed/bs-ed-op-0610-felony-murder-20190607-story.html
Why Did I Serve 16 Years for Murder When I Didn’t Kill Anyone? https://youtu.be/jKGy8TlGMDI
[1] Both premeditated murder and felony-murder are presumed to carry a life sentence with the possibility of parole, although life without the possibility of parole may be imposed under certain circumstances. See Md.Code, Criminal Law Art., sec. 2-201.
[2] https://jjie.org/2018/08/08/accomplices-to-a-felony-shouldnt-be-sentenced-like-the-murderer-in-california/
[3] Jeter v. State, 9 Md.App. 575 (1970), cert. 261 Md. 221 (1971).
[4] Jackson v. State, 286 Md. 430 (1979).
[5] Stewart v. State, 65 Md.App. 372 (1985) cert den. 305 Md. 599.
[6] https://www.baltimoresun.com/news/crime/bs-md-ci-cr-dawnta-harris-sentencing-20190821-fnqrqy7xgndkhfhcq223yqyata-story.html
The Maryland Alliance for Justice Reform (MAJR) is a nonpartisan association of over forty community organizations and churches with members in every part of the state, formed to support justice reinvestment. Individual supporters include judges, attorneys, corrections professionals, as well as returning citizens, victims, and service providers.
