How is it possible to charge and convict someone of felony murder using the proximate cause theory of liability based on the death of his/her accomplice at the hands of the victim of the underlying felony? Wouldn't the defense of assumption of risk prevent that? The deceased accomplice assumes the risk of injury or death by knowingly entering into a dangerous situation.
September 4, 2021 - 8:32pm#1
Proximate cause theory of liability for felony murder conviction