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People v. Howard
As you read Howard, consider these questions:
1. What crime was Howard charged with? What did he do?
2. Is Howard charged with first degree murder of second degree murder? Why?
3. What is the issue on appeal and who does the court rule? What is the “inherently dangerous felony” rule? What is the policy basis for the rule? Do you agree?
4. The Howard court notes that in determining whether a felony is inherently dangerous under the second degree felony-murder rule, "the court looks to the elements of the felony in the abstract, ‘not the “particular” facts of the case,’ i.e., not to the defendant’s specific conduct.” What does this mean?
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