Frequently Asked Questions
Q: What is
NCCFMRC?
A: It is a nonpartisan grassroots movement of concerned
citizens who seek to repeal or amend the felony murder rule
in North Carolina. For more information see About NCCFMRC.
Q: What is
the felony murder rule?
A: The felony murder rule (FMR) is based on 16th Century
English common law and was adopted in the US in the early
1800s. It states that any death which occurs during the
commission or attempt to commit certain felonies, which
include arson, rape or other sexual offenses, burglary,
robbery or kidnapping, is first-degree murder and all
participants in the felony can be held equally culpable,
including those who did no harm, had no weapon, and did not
intend to hurt anyone. Intent does not have to be proved
for anything but the underlying felony. Even if, during the
commission of the underlying felony, death occurs from
fright—a heart attack for instance, it is still
first-degree murder.
In North Carolina there are only two penalties possible if
found guilty: life in prison without parole or death. See
The Law for the exact wording of North
Carolina's Felony Murder Rule.
Q: Are there
any other options for sentencing?
A: No. If a defendant is found guilty of felony murder in
North Carolina, he or she can only receive life in prison
without the possibility of parole or the death penalty.
This is a major point NCCFMRC seeks to change.
Q: What is
NCCFMRC's main beef?
A: Simply stated, it's the inequity in felony murder
sentencing. If a person gets into a fight and breaks a
bottle over someone else's head resulting in the other
person's death, the incident will usually be prosecuted as
second-degree murder. The defendant knew that his actions
would inflict serious bodily harm and perhaps even death,
yet he intentionally committed the crime anyway.
In North Carolina, second-degree murder is punishable by a
minimum of seven years in prison; the average penalty seems
to be about 18 to 20 years.
Contrast this intentional crime with Joe, who is
with a group of three other people, one of whom, Ted, pulls
a knife and kills a storekeeper then cleans out the cash
register. Ted and the rest of the group, including Joe,
could all be charged with felony murder, even though Joe
nor his two other friends did not facilitate the robbery in
any way and had no prior knowledge that Ted had a weapon or
that he was planning a robbery. Joe was just there—at the
wrong place at the wrong time and, as it turned out, with
the wrong group of friends. If convicted on the felony
murder charge, every member of the group could be sentenced
to life in prison without possibility of parole, or perhaps
even death.
We feel this inequity must be addressed—contrasting one
person who intends to commit an act which may
result in someone's death and gets a sentence of, say,
eight years—and someone like Joe, who didn't harm anyone,
yet will spend the rest of his life in prison without the
possibility of parole.
This kind of example is not a large percentage of felony
murder cases, but even when an accomplice or getaway driver
know that a robbery or some other felony is planned, they
may not understand that someone could be killed. If a
storekeeper pulls a gun from under the counter and kills
one of the robbers, that's felony murder, too, but
storekeeper will not necessarily be charged with anything.
On the other hand, the group of robbers could all be
charged with felony murder. For the felony murder rule to
apply, someone has to die as the result of an underlying
felony. It doesn't matter which side the deceased person or
persons are on—bandits or good guys; if anyone dies as a
direct consequence of a felonious crime, that's felony
murder.
Q: Are there
other reasons the felony murder rule wrong?
A: See What's Wrong with the Felony Murder
Rule.
Q: Why
should I care?
A: The felony murder rule reflects a greater problem with
the American judicial system: sentences do not always fit
the crimes. We already have laws in place that cover
first-degree murder through manslaughter. The felony murder
rule bypasses these gradations of law by treating all
deaths that occur in conjunction with certain felonies as
first-degree murder. It does not take into consideration
intent or prior record in passing sentence. NCCFMRC
believes that this law is vindictive and gives prosecutors
an unfair advantage.
Felony murder can be used against anyone, at the
prosecutors' discretion if involved in a felonious crime
where someone died. Remember also that anyone present
during the commission of the felony can be tried and
prosecuted as if they had committed first degree murder, as
in the case of Brandon Hein or Lisl Auman.
If we as citizens do not speak out against the felony
murder rule, then we silently approve of it. If people
continue to receive sentences they do not deserve, we are
all responsible.
Q: Who is
Janet Danahey?
A: Janet was 23 years old when she set fire to an old box
of decorations and a futon that were on a breezeway at
Greensboro's Campus Walk Apartments. It was a prank that
went horribly out of control and resulted in the deaths of
four people. No one argues that Janet meant to hurt anyone,
yet she is now serving life in prison with out the
possibility of parole. See our page dedicated to
Janet and her
case.
Q: Didn't
Janet Danahey get what she deserved?
A: It depends on who you ask. NCCFMRC contends that she
never should have been charged with first-degree murder
since no one, including the prosecutor and the judge, claim
she intended to kill anyone. She had no prior record, which
seriously calls into question why she was prosecuted under
North Carolina's harshest murder law.
Had she been charged and convicted of arson plus
manslaughter, she would not be serving a life sentence
without parole, nor would she have faced the death penalty
but still could have been sentenced to between about 20 and
60+ years. It is interesting to note that the psychopathic
killer Charles Manson comes up for parole every seven
years, and Janet never will.
Q: Are there
any other cases of felony murder in which people have
received unjust sentences?
A: Yes. NCCFMRC researches cases in which we feel the
felony murder rule has been used unjustly. See Other Cases we have
found.
Q: What can
I do to help change the North Carolina felony murder
rule?
A: Concerned citizens can help in a variety of ways: write
letters and e-mails, make phone calls, and/or visit state
legislators. See How You Can Help for
more information.
Q: How do I
join NCCFMRC?
A: Click here.