Max, Mark, and Matt plotted to rob a bank. Max and Mark would rob the bank while Matt would be the getaway driver. Upon arriving at the bank, Max and Mark raised their guns, pointed them at bank employees and customers, and demanded money from the tellers. Meanwhile, a police officer who was conducting business in the bank confronted Max and Mark to lower their weapons. When Max and Mark refused to do so, the police officer shot at them, hitting Max and killing him. Mark fired back, and one of his bullets hit and killed a customer. Analyze this case under the agency theory and the proximate cause theory of felony murder.

Question

What will be an ideal response?

Answer 1

Under the agency theory, responsibility is limited to the acts of felons and co-felons. Thus, both Mark and Matt are responsible for the death of the customer. However, because the officer shot Max, they would not be responsible for his death under the agency theory. Under the proximate cause theory of felony murder, a felon is liable for all foreseeable deaths committed during a felony. Thus, Mark and Matt are liable for the deaths of both Max and the customer that occurred during the robbery.