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A week ago
Dana Smith was a notorious drug dealer in a dangerous inner-city neighborhood. One afternoon, Stanley Jacobs visited Dana's apartment for the purpose of buying illegal drugs. Dana sold Stanley three pills that she described as "ecstasy." When Stanley took the pills in Dana's presence, she even offered him a beer to wash them down. Two hours later, Stanley died of a drug overdose at a local hospital. The prosecutor wants to charge Dana under the felony murder doctrine and hold her responsible for Stanley's death. Is felony murder applicable to Dana's case? Why or why not?
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Criminal Law (Justice Series)
Edition: 2nd
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A week ago
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Answers will vary. Student should define felony murder, which is when a death results during his or her commission of a violent or serious felony. Felony murder has limitations, one of which is that it is typically limited to inherently dangerous felons. Selling illegal drugs is not a violent felony and most states would also likely not define it as a serious felony.
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