| Date: | 09/20/2017 |
|---|---|
| Organization: | Massachusetts Supreme Judicial Court |
- This page, Commonwealth v. Brown , is offered by
- Massachusetts Supreme Judicial Court
Decision
Decision Commonwealth v. Brown
Table of Contents
Commonwealth v. Brown
Commonwealth v. Brown
Supreme Judicial Court, September 20, 2017
(Felony-Murder Rule)
A majority of Justices, through the concurrence of Chief Justice Gants, conclude that the scope of felony-murder liability should be prospectively narrowed. Holding the defendant may not be convicted of murder under any theory, including felony-murder, without actual proof of one of the three prongs of malice. Going forward, the commission of a felony by itself will no longer serve as “constructive” malice, and thus felony-murder is no longer an independent theory of murder.
However, the Court did hold that for sentencing purposes, a murder committed during the course of a life felony will be deemed first-degree murder, as would be the case if it were committed with deliberate premeditation, or with extreme atrocity or cruelty.