Brian, Jake, and Sophia plotted to rob a bank. Brian and Jake will be carrying guns into the bank and Sophia will serve as the getaway driver. Upon arriving at the bank, Brian and Jake raise their guns, point them toward the direction of customers and employees, and demand money from the tellers. Meanwhile, a police officer sitting with the bank manager gets up and orders Brian and Jake to lower their weapons, who subsequently refused. The police officer shoots toward the two robbers, hitting Jake and killing him. A dangerous shootout ensues and one of Brian’s bullets hits and kills a customer. Likewise, one of the police officer’s bullets hits and kills another customer. Analyze this case under the agency theory of felony murder.
What will be an ideal response?
Under the agency theory of felony murder, a felon is liable for deaths he or she committed as well as those committed by co-felons. Killings committed by someone acting as an adversary does not make a felon liable. In this case, Brian and Sophia are liable for the deaths of Jake and the customer that Brian’s bullet killed. Because the police officer is an adversary, neither Brian nor Sophia are liable for the killing committed by the police officer.
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