The Marshall Project published an article last week describing the “paradox of ‘felony murder’ laws,” which allow defendants to be convicted of murder “if a death occurs because of a felony they commit, even if they were not the direct killer.” While much of the article focused on this aspect of felony-murder, it also mentioned that, in some states, driving while impaired by a repeat offender that results in the death of someone other than the driver can support charges of felony murder. That’s not so in North Carolina. State v. Jones. The North Carolina Supreme Court held in State v. Jones, 353 N.C. 159 (2000), that commission of a felony that required mere culpable negligence on the part of a defendant rather than actual intent could not support charges of felony murder. Facts. The defendant in Jones was indicted in 1996 for first degree murder for the deaths of two Wake Forest University students who died after he crashed his car into the vehicle in which they were riding. Three other students riding in the vehicle into which Jones crashed were seriously injured. He was charged with three counts of assault with a deadly weapon inflicting serious injury for causing their injuries, and also was charged with driving while impaired. Shortly before the fatal crash, the defendant repeatedly bumped his car into a car in front of him that was stopped at a red light. The defendant cursed at the other driver and told him to get out of the [...]
Faculty Coordinators
