The Public Understanding Of Felony Murder In Colorado

Felony murder is a concept that I've considered unjust since I learned about it in law school. Colorado recently downgraded felony murder from a first degree felony (automatic life in prison and previously death penalty eligibility) to a second degree felony (a very long term of years sentence), and has modestly increases the exceptions to the felony murder rule. But it doesn't influence the conduct of criminals, because they have no idea that this is the law, and the public doesn't consider this to be a just punishment in cases where this is the sole basis for  murder conviction.

With funds provided by a Hughes Pilot grant, I conducted a survey of 523 Colorado residents to determine their knowledge of and moral attitudes towards the felony murder rule. The survey showed that only a very small fraction of the participants knew that unintended killings in the course of predicate felonies was murder punishable at the time by life without the possibility of parole. Similarly, only a very small fraction of survey participants believed that persons who committed unintended killings in the course of predicate felonies deserved a murder conviction or sentence of mandatory life without the possibility of parole. Rather, the mean sentence that survey participants considered just for felony murder was just over six years in prison. These results substantially undercut the two main justifications given for felony murder, namely deterrence and retribution.

Ian Farrell, "Moral Judgments and Knowledge about Felony Murder in Colorado: An Empirical Study" SSRN (2023).