Felony murder, also known as constructive malice, is a legal rule used in the United States and some other jurisdictions (although not in the UK since 1957, where it's now manslaughter instead) stating that any death that occurs during the commission of felony is first-degree murder. First degree murder is a capital (death penalty) crime in many jurisdictions, but Supreme Court decisions in the U.S. have restricted this somewhat; in order to be eligible for the death penalty, a participant in a felony murder must either: Can serve as Justice by Other Legal Means.