Felony murder is a controversial offense and part of the controversy lies in the question of a person's constitutional rights and violation of the same. The courts have been tested on many of these questions, and below are the findings. The lack of culpable mental state as an element of a murder charge has been claimed by some as a violation of equal protection. The courts, however, differ. In People v. Morgan (1981), the court determined that it is not a violation of equal protection if felony murder fails to include an element of culpable mental state in order for a conviction to be made.