Felony murder laws are among the most extreme and unjust policies in the U.S. criminal legal system. These laws allow prosecutors to charge individuals with murder even if they did not kill anyone, did not intend to kill, and in some cases, were not even present when a death occurred. The result? Harsh, disproportionate sentences that fuel mass incarceration and disproportionately harm young people, women, and communities of color.
Under the felony murder rule, if someone dies during the commission of certain felonies—such as robbery, burglary, or arson—every participant in that felony can be charged with murder. This is true even if the death was accidental, even if the person accused had no weapon, and even if they had no idea a death might occur.
Prosecutors do not have to prove intent to kill, which is typically required for a first-degree murder conviction. Instead, they only need to prove intent to commit the underlying felony. This makes felony murder one of the easiest convictions for a prosecutor to secure.
Oklahoma’s felony murder law goes even further. In this state, individuals can face life in prison, life without parole, or even the death penalty under the felony murder rule—without the state ever having to prove they killed anyone or intended to. This is what happened to Tremane Wood. He was sentenced to death under Oklahoma’s felony murder rule, which does not require the state to prove he took a life—only that there was a crime being committed when someone else lost theirs.
Oklahoma is not alone. In many states, the felony murder rule can result in the harshest sentences possible, including the death penalty. In states like Alabama, Arizona, Florida, Georgia, Missouri, Texas, and more, individuals can be sentenced to execution for a murder they neither committed nor intended.
Felony murder laws are not only unjust—they are ineffective. Studies show they do not deter crime, nor do they reduce the likelihood that felonies will turn deadly. Instead, they widen the net of extreme sentencing, consuming taxpayer dollars that could be used for proven public safety strategies, such as violence prevention, education, and trauma healing programs.
These laws disregard the cognitive development of young people. Research has long confirmed that the brain does not fully develop until around 25, meaning youth and emerging adults have a diminished ability to assess risk and foresee long-term consequences.
Yet, felony murder laws treat them as if they have the same level of awareness and decision-making capacity as an experienced adult. This was the case for Tremane, who was only 22 years old when he was charged under the felony murder rule following a botched robbery in Oklahoma City.
These laws disproportionately target marginalized communities, further entrenching racial disparities in the legal system. In Pennsylvania, for example, 80% of individuals imprisoned under felony murder were people of color, and 70% were Black.
The felony murder rule is an outdated relic. Originating in England in 1716, it was abolished there in 1957 because it was deemed unjust. Today, the United States is the only country in the world still using this doctrine. Currently, 27 states permit executions for felony murder (American Civil Liberties Union, 2023). A few states—Ohio, Michigan, Kentucky, and Hawaii—have abolished it.
To end mass incarceration, we must take bold steps to eliminate extreme sentencing laws like felony murder. True justice demands sentencing based on individual actions and intent—not outdated laws that punish people for the choices of others. It’s time to abolish the felony murder rule and replace it with policies that uphold fairness, equity, and the true principles of justice.
