Amicus Brief Challenging Felony Murder Liability Without Culpable Mens Rea

The Sentencing Project joined an amicus brief challenging the constitutionality of a felony murder conviction where the underlying felony offense did not involve a culpable mens rea. Ms. Jewell tragically and accidentally left a child in a car, resulting in the child’s death. She was convicted of the strict liability felony offense of leaving a child unattended in a car resulting in great bodily harm, which carries a maximum sentence of five years in prison. Based on that felony she was also convicted of felony murder and sentenced to seventeen years in prison. The brief argues that a felony murder conviction cannot constitutionally rest on an underlying felony that lacks a culpable mens rea.

Read the amicus brief here.