Purpose of Felony Murder Rule

What is the purpose of the felony-murder rule ? The purpose of the felony-murder rule is to deter felons from killing negligently or accidentally. (People v. Wilson (1969) 1 Cal. 3d 431, 440 [82 Cal. Rptr. 494, 462 P.2d 22].) Certain enumerated felonies will support a first degree felony murder (e.g., arson, rape, burglary, robbery, etc.). Other inherently dangerous felonies may provide a basis for second degree felony murder. (Pen. Code, 189.) The felony-murder rule dispenses with the requirement of malice and replaces it with the specific intent to commit the underlying felony. (People v. Coefield (1951) 37 Cal. 2d 865, 868-869 [236 P.2d 570].) Courts have looked askance at the felony-murder rule. "We have repeatedly stated that felony murder is a 'highly artificial concept' which 'deserves no extension beyond its required application.' " (People v. Dillon (1983) 34 Cal. 3d 441, 462463 [194 Cal. Rptr. 390, 668 P.2d 697], quoting People v. Phillips (1966) 64 Cal. 2d 574, 582 [51 Cal. Rptr. 225, 414 P.2d 353]; accord, People v. Henderson (1977) 19 Cal. 3d 86, 92-93 [137 Cal. Rptr. 1, 560 P.2d 1180].) "The felony-murder doctrine has been censured not only because it artificially imposes malice as to one crime because of defendant's commission of another but because it anachronistically resurrects from a bygone age a 'barbaric' concept that has been discarded in the place of its origin [England] . . . ." (Phillips, supra, at p. 583, fn. 6.) A conviction under the felony-murder doctrine requires proof that the defendant acted with the specific intent to commit the underlying felony, even if the underlying felony does not itself require specific intent. (People v. Hart (1999) 20 Cal. 4th 546, 608 [85 Cal. Rptr. 2d 132, 976 P.2d 683] [rape]; People v. Hernandez (1988) 47 Cal. 3d 315, 346 [253 Cal. Rptr. 199, 763 P.2d 1289] [rape and sodomy]; People v. Sears (1965) 62 Cal. 2d 737, 744 [44 Cal. Rptr. 330, 401 P.2d 938] [mayhem], overruled on other grounds in People v. Cahill (1993) 5 Cal. 4th 478, 494, 509-510 [20 Cal. Rptr. 2d 582, 853 P.2d 1037].)