Massachusetts Appeals Court’s Decision in Commonwealth v. Fantauzzi Challenges the Application of the Felony-Murder Rule

March 21, 2017.

In Commonwealth v. Fantauzzi, 91 Mass. App. Ct. 194 (2017), the Massachusetts Appeals Court ruled that the trial court erred by not instructing the jury on self-defense in relation to felony-murder, given that the underlying felony (unlawful possession of a firearm) was not inherently dangerous and the defendant claimed he was not the aggressor. The court concluded that this error likely impacted the jury’s verdict, leading to the reversal of the defendant’s conviction for voluntary manslaughter.

Our Take:

With the Court’s decision in Fantauzzi, Massachusetts joined a growing number of states which have questioned the limits and utility of the felony-murder rule.  This theory of criminal liability substitutes legal presumptions for a jury’s crucial factual determinations regarding the actions and intentions of the defendant.  One-size-fits-all theories such as this are often too blunt an instrument for the fine determinations of evidence necessary for individualized justice and the overall truth-seeking mission of the court.  Fantauzzi’s case illustrates the point well: assuming the truth of his version of events, he unwittingly walked into a trap set by an experienced, predatory stick up crew. His lack of a gun permit (the sole basis for the predicate felony) was certainly not the impetus for the violence which ensued.  The real issue in the trial was whether or not Fantauzzi acted in self-defense.  If he did, he ought to have been acquitted of felony murder.