Staff Attorney Emily Keller, Northwestern Law's Steve Drizin on Why Felony Murder Statutes Should Not Apply to Kids
Over on The Huffington Post's blog, Juvenile Law Center Staff Attorney Emily Keller and Steve Drizin, Clinical Professor of Law, Northwestern University School of Law, explain why felony murder statutes and their accompanying harsh prison sentences should not apply to children and teens, given that scientific research shows they are less able than adults to understand and assess risks:
"In October 2012, 16-year-olds Blake Layman and Jose Quiroz, 17-year-old Levi Sparks, 18-year-old Anthony Sharp, and 21-year-old Danzele Johnson broke into a house in Elkhart, Ind. The five were not armed and thought the house was vacant. Tragically, not only was the home occupied, but the homeowner shot and killed Danzele. Though not his killer, the four surviving teens were charged with Danzele's murder.
The plight of the 'Elkhart Four,' as the teens are now known, is a consequence of Indiana's felony murder statute, a law that allows participants in certain felonies—in this case, burglary—to be convicted of murder if anyone is killed during the felony. Prosecutors need to prove only that the defendant intended to commit the underlying felony, not that the defendant killed or intended to kill the victim. Most states have adopted some version of this felony murder rule.
Felony murder statutes should not apply to children and adolescents."