Next Generation Bar Exam Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS OF ACCUSED PERSONS
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Dax and Cole robbed a bank at gunpoint. As they were leaving, Cole raised his gun toward a police officer; the officer fired and killed Cole. Dax, who had not fired his weapon, was charged with first-degree felony murder for Cole's death. The jurisdiction's felony-murder statute provides:
'Any person who, acting with one or more other persons, commits or attempts to commit robbery, burglary, arson, rape, or kidnapping, and who in the course of or in furtherance of such crime, or in immediate flight therefrom, causes the death of any person, is guilty of murder in the first degree. For purposes of this section, a person causes a death when his conduct is a proximate cause of the death, including when the death is inflicted by a person other than a participant in the crime, if the death was a reasonably foreseeable consequence of the crime or of a participant's conduct in the course of the crime.'
Is Dax guilty of felony murder for Cole's death?
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