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Research Notes

    305.6.1 False Imprisonment/Kidnapping
    305.6.2 Failure To Produce Evidence/Missing Witness
    305.6.3 Felony Murder
    305.6.4 Felony Murder -- First Degree (Statutory Offenses)
    305.6.5 Felony Murder -- Second Degree (Nonstatutory Predicate Offenses)
    305.6.6 Flight
    305.6.7 Forfeiture
    305.6.8 Former Jeopardy

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Abduction and Kidnapping: False Imprisonment as Included Offense, 68 ALR3d 828 (1976).

Coercion, Compulsion, or Duress as Defense to Charge of Kidnapping, 69 ALR4th 1005 (1989).

False Imprisonment as Included Offense Within Charge of Kidnapping, 68 ALR3d 828 (1976).

False Imprisonment: Liability of Private Citizen, Calling on Police for Assistance after Disturbance or Trespass, for False Arrest by Officer, 98 ALR3d 542.

Kidnapping by Fraud or False Pretenses, 95 ALR2d 450.

Kidnapping or Related Offense by Taking or Removing of Child by or under Authority of Parent or One in Loco Parentis, 20 ALR4th 823.

Liability of Private Citizen, Calling on Police for Assistance after Disturbance or Trespass, for False Arrest by Officer, 98 ALR3d 542.

Seizure or Detention for Purpose of Committing Rape, Robbery, or Other Offense as Constituting Separate Crime of Kidnapping, 39 ALR5th 283.

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Adverse Presumption or Inference Based on State's Failure to Produce or Examine Law Enforcement Personnel–Modern Cases, 81 ALR4th 872.

Adverse Presumption or Inference Based on State's Failure to Produce or Examine Informant in Criminal Prosecution–Modern Cases, 80 ALR4th 547.

Adverse Presumption or Inference Based on Party's Failure to Produce or Examine Family Member Other than Spouse–Modern Cases, 80 ALR4th 337.

Adverse Presumption or Inference Based on Party's Failure to Produce or Examine Friend--modern Cases, 79 ALR4th 779.

Adverse Presumption or Inference Based on Party's Failure to Produce or Examine Spouse--modern Cases, 79 ALR4th 694.

Adverse Presumption or Inference Based on Failure to Produce or Examine Co-defendant or Accomplice Who Is Not on Trial--modern Criminal Cases, 76 ALR4th 812.

Propriety and Prejudicial Effect of Prosecutor's Argument Commenting on Failure of Defendant's Spouse to Testify, 26 ALR4th 9.

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See also NCJIC Research Notes 305.13.14 [Murder].

See also NCJIC Research Notes 305.13.1 [Manslaughter].

Application of Felony-murder Doctrine Where Person Killed Was Co-felon, 89 ALR4th 683.

Application of Felony-murder Doctrine Where the Felony Relied upon Is an Includible Offense with the Homicide, 40 ALR3d 1341.

Criminal Liability Where Act of Killing Is Done by One Resisting Felony or Other Unlawful Act Committed by Defendant, 56 ALR3d 239.

Duress and Provocation as Excuses to Murder: Salutary Lessons from Recent Anglo-american Jurisprudence, A. Reed, 6 J. Transnat'l L. & Pol'y 51-92 Fall 1996.

From Keeler v. Superior Court [(70) 470 P2d 617] to People v. Davis [(94) 872 P2d 591]: The Definition of Fetal Murder in California. A.H. Hsu, 23 W. St. U. L. Rev. 219-41 Fall '95.

Homicide: Presumption of Deliberation or Premeditation from the Circumstances Attending the Killing, 96 ALR2d 1435.

Homicide: Presumption of Deliberation or Premeditation from the Fact of Killing, 86 ALR2d 656.

Judicial Abrogation of Felony-murder Doctrine, 13 ALR4th 1226.

Murder in Course of Aggravated Burglary -- Joint Enterprise -- Foresight of the Possibility of Violence -- Adequacy of Direction to Jury [Great Britain], Rees and Smith, Crim.L.Rev. 119, Feb. 1990.

A Pattern Jury Instruction for Felony Murder [Pennsylvania] Murphy, 94 Dickinson L.Rev. 489, Winter 1990.

Proper Jury Instruction Concerning Causation Necessary to Support Felony Murder Conviction [survey of recent developments in New Jersey law], Flynn, 17 Seton Hall L.Rev. 185, Winter 1987.

What Constitutes Termination of Felony for Purpose of Felony-murder Rule, 58 ALR3d 851.

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Annotation, What Constitutes Termination of Felony for Purpose of Felony-murder Rule, 58 ALR3d 851.

Death by Automobile as First Degree Murder Utilizing the Felony Murder Rule, 101 W. Va. L. Rev. 235, Fall, 1998, Greg Bailey.

The Felony Murder Rule: Conundrum Without Principle, 31 Ariz. St. L.J. 763, Fall, 1999, Rudolph J. Gerber.

North Carolina's Unconstitutional Expansion of an Ancient Maxim: Using Dwi Fatalities to Satisfy First Degree Felony-murder, 22 Campbell L. Rev. 169, Fall 1999, Graham T. Stiles.

Predicate Offenses for First Degree Felony Murder in Virginia, 57 Wash. & Lee L. Rev. 561, Spring, 2000, Richard Brooks Holcomb.

State v. Lea: Attempt plus Felony-murder Does Not Equal Attempted Felony Murder, 76 N.C. L. Rev. 2360, September, 1998, Survey of Developments in North Carolina Law and the Fourth Circuit, 1997, Brian D. Roark.

LaFave & Scott, Substantive Criminal Law (West, 1986) § 7.5.

Wharton’s Criminal Law (West, 15th ed. 1993) § 147, pp. 295-318.

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The California Courts Stray from the Felony in Felony Murder: What Is "In Perpetration" of the Crime?, 28 U.S.F. L. Rev. 739, Spring 1994, John S. Huster.

The Dillon Dilemma: Finding Proportionate Felony-murder Punishments, 72 Calif. L. Rev. 1299, 1984, Tamu Sudduth.

From Keeler v. Superior Court [(70) 470 P2d 617] to People v. Davis [(94) 872 P2d 591]: The Definition of Fetal Murder in California. A.H. Hsu, 23 W. St. U. L. Rev. 219-41 Fall '95.

Imposing the Death Sentence for Felony Murder on a Non-triggerman, 37 Stan. L. Rev. 857, 1985, Douglas W. Schwartz.

Lesser Included Crimes under Felony Murder Indictments in New York: the past Speaks to the Present, 66 St. John's L. Rev. 329, Spring, 1992, Bernard E. Gegan.

People v. Patterson: Changing the Second Degree Felony-murder Doctrine, 25 U.S.F. L. Rev. 123, Fall, 1990, Andrea Rosenthal.

Second Degree Murder Replaces Voluntary Manslaughter in Illinois: Problems Solved, Problems Created (Illinois Judicial Conference Symposium) Haddad, 19 Loyola U. of Chicago L.J. 995, Spring 1988.

What Felonies Are Inherently or Foreseeably Dangerous to Human Life for Purposes of Felony-murder Doctrine, 50 ALR3d 397.

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Admissibility of Evidence That Defendant Escaped or Attempted to Escape While Being Detained for Offense in Addition to That or Those Presently Being Prosecuted, 3 ALR4th 1085.

Flight Instruction Revisited, Other Holdings, 44-JUL Res Gestae 32, July, 2000, Jessie A. Cook.

The Fugitive Dismissal Rule: Ortega-rodriguez Takes the Bite out of Flight, 22 Pepp. L. Rev. 1047, 1995, Anthony Michael Altman.

Police May Not Base a Temporary Detention Solely upon a Person's Flight at the Sight of Police: People v. Souza, 23 Pepp. L. Rev. 1409, 1996, California Supreme Court Survey, April 1995 - August 1995, B. Robert E. Sabido.

Suspect's Flight Alone Insufficient to Raise Reasonable Suspicion; Officer's Suspicions must Already Be Reasonably Aroused, 2 NO. 7 Lawyers J. 2, April 7, 2000, Paul A. Ellis, Jr.

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The Basics of Forfeiture: Testing the Limits of Constitutionality, 14-WTR Crim. Just. 26, Winter, 2000, Evan Williford.

Forfeitability of Property, under Uniform Controlled Substances Act or Similar Statute, Where Property or Evidence Supporting Forfeiture Was Illegally Seized, 1 ALR5th 346.

State and Federal Forfeiture Actions: Winning Against the Odds, Barnett, CACJ Desktop Manual, 1993, pp. 17 - 122.

United States Federal Forfeiture Law: Current Status and Implications of Expansion, 69 Miss. L.J. 373, Fall, 1999, Marc S. Roy.

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See also NCJIC Research Notes 305.4.8 [Double Jeopardy].

Applicability of Double Jeopardy to Juvenile Court Proceedings, 5 ALR4th 234.

Conviction or Acquittal in Federal Court as Bar to Prosecution in State Court for State Offense Based on Same Facts--modern View, 6 ALR4th 802.

Conviction or Acquittal of Attempt to Commit Particular Crime as Bar to Prosecution for Conspiracy to Commit Same Crime, or Vice Versa, 53 ALR2d 622.

Double Jeopardy as Bar to Retrial after Grant of Defendant's Motion for Mistrial, 98 ALR3d 997.

Double Jeopardy: Various Acts of Weapons Violations as Separate or Continuing Offense, 80 ALR4th 631.

Earlier Prosecution for Offense During Which Homicide Was Committed as Bar to Prosecution for Homicide, 11 ALR3d 834.

Former Jeopardy as Ground for Prohibition, 94 ALR2d 1048.

Supreme Court's Views as to Application, in State Criminal Prosecutions, of Double Jeopardy Clause of Federal Constitution's Fifth Amendment, 95 L. Ed. 2d 924.