2. Homicide Flashcards
What constitutes homicide?
A homicide results when a human being unlawfully causes the death of another human being.
When is a homicide NOT considered criminal?
When deaths result from ordinary negligence or occur in fully exculpatory circumstances, such as self-defense.
What makes a homicide criminal?
When the killer acted with a criminal state of mind/mens rea and without any legal justification or excuse.
How are homicides categorized in criminal law?
- Malicious (murders) OR NOT malicious (manslaughters); 2. Intentional or unintentional.
NO Homicide
-A defendant’s conduct inflicted upon a person already dead
-persons who commit suicide UNLESS a defendant persuades or aids another to do so(can be charged and convicted of a homicide)
What is required to prove Actus Reus for homicide?
A prosecutor must show that the defendant’s act caused the death through actual cause and proximate cause.
The Actus Reus for Homicide can be proven by:
1. A voluntary act;
2. An involuntary act arising from a voluntary act(person who has frequent seizures kills someone as a result of having a seizure driving a car); or
3. An omission to act when there is a legal duty to act.
What constitutes actual causation for homicide?
The defendant’s actions must contribute to or hasten the victim’s death.
Can an accomplice be guilty of homicide?
Yes, an accomplice can be guilty even if only the killer caused the victim’s death.
What is the rule for proximate cause in homicide?
When a victim’s death is a foreseeable consequence of the defendant’s conduct.
-prosecutors need only show that the victim’s death was the “natural and probable” consequence of the defendant’s conduct.
-NOT REQUIRED that the defendant foresaw the exact chain of events that resulted in the victim’s death.
What severs the chain of proximate causation?
An intervening act that is outside the universe of foreseeable events caused by the defendant’s conduct.
What must be shown regarding Mens Rea for homicide?
The defendant must have had a guilty mind contemporaneous with the guilty act.
What does the Deadly Weapons Doctrine infer?
An intent to kill when the defendant intentionally uses an instrument likely to produce death or serious injury.
What defines common law murder?
The unlawful killing of a human being with malice aforethought.
What are the four types of common-law murder?
- Intent to kill;
- Intent to cause serious bodily injury;
- Depraved heart;
- Felony murder.
What characterizes intent-to-kill murder?
A specific intent crime where the defendant purposely or knowingly desires to kill.
1st degree-intentional killing
What is intent-to-cause-serious-bodily-injury murder?
Intent-to-cause-serious-bodily-Injury murder is a specific intent crime and unintentional killing proximately resulting from an act intended to cause great bodily injury(significant, but nonfatal injury)
An Intent-to-cause-serious-bodily-injury can be proved by:
- Examination of ALL the surrounding circumstances, including the words and behavior of the defendant;
OR - The USE of ANY instrument in a way that is LIKELY to cause serious injury allows the jury to infer an intent-to-cause-serious-bodily-injury.
What is depraved-heart murder?
A general-intent crime and second-degree murder resulting in unintentional killing from extremely reckless conduct.
A person acts with extreme recklessness when
they show a blatant disregard for life by ignoring a very high risk of death or serious injury.
Nuance Rule for NO depraved-heart murder
It is NOT the gruesomeness of the killing that manifests the malice of a depraved-heart murder. The inference is an intent to kill murder.
What are inherently dangerous felonies?
Felonies that can be determined by a jurisdiction’s criminal code or BARRK: Burglary, Arson, Robbery, Rape, and Kidnapping.
What is required for felony murder?
An intentional or unintentional killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony.
An Inherently dangerous felony can be determined by:
- A jurisdiction’s criminal code; or
- BARRK: Burglary, Arson, Robbery, Rape, and Kidnapping.
True or False: The defendant does NOT have to be charged or convicted of the underlying felony in order to be charged and convicted with felony murder.
True. The jury can convict a defendant of felony murder if the prosecution proves beyond a reasonable doubt that the felony occurred, even if the felony is not separately charged.
NO Felony Murder(Defenses)
-Any successful defenses to the underlying felony will preclude a conviction for felony murder.
-The victim’s death must be a foreseeable result of the felony; and
-the underlying felony on which the felony murder is based, cannot itself be a killing.
Proximate causation for Felony Murder
The resulting death must be a foreseeable outgrowth of the defendant’s actions
What is the agency theory in relation to felony murder?
NO Agency Theory for..
Only deaths caused by the defendant OR the defendant’s co-felon can be the basis for a felony murder conviction.
NO Agency Theory for Any death caused by a non-felon (e.g., a police officer, victim of the predicate felony, witness, or bystander)
what is redline limitation theory?
a defendant cannot be convicted of felony murder if the person who died was a co-felon who was lawfully killed by a third party (such as law enforcement or a victim in self-defense.)
Commission or Attempted Commission of the Felony
ONLY the death-causing injury has to occur during the commission or attempted commission of the felony.
-The victim does NOT need to actually die during the felony.
-The death of a victim who succumbs to their wounds AFTER the felony has concluded will still support a conviction of felony murder.
What is the timing rule for felony murder?
The felony starts when a person could be convicted of attempting the felony and continues until reaching a place of temporary safety.
True or False: If the killing occurs AFTER a felony is complete, the defendant CANNOT be found guilty of felony murder.
True.
When the felony is independent of the homicide, the underlying felony and the homicide___________
do NOT merge. The felon is guilty of BOTH the underlying felony and felony murder.
Example: Homicides can occur without a kidnapping, kidnapping is independent of the homicide. As such, the kidnapping will not merge with the homicide, and this victim’s kidnapper is guilty of both kidnapping and felony murder.
When the felony is NOT independent of the homicide, the underlying felony is
inextricable from the homicide and the felony merges into the appropriate homicide charge (not felony murder).
In such an instance, the perpetrator is guilty only of the homicide.
What is first-degree murder?
Intent-to-kill murder committed with premeditation and deliberation, including most felony murders.
NO First Degree Murder
If an unjustified, intentional killing is committed in the “spur of the moment” but not in circumstances sufficient to negate malice, the killing still constitutes murder, but NOT murder in the first degree because there is no premeditation to kill.
True or False: If the defendant was voluntarily intoxicated but still sober enough to form the intent to kill, the defendant may be able to avoid liability for first-degree murder by proof that the intoxication precluded premeditation or deliberation.
True.
What is the definition of voluntary manslaughter?
An intentional killing mitigated by adequate provocation, negating malice aforethought.
What is second-degree murder?
Second-degree murder is any murder that does not count as first-degree murder, including:
i.) intent-to-kill murders that LACK premeditation and deliberation because they were acted on in the spur of the moment;
ii.) intent-to-inflict-serious-bodily-harm murder; and
iii.) depraved-heart murder.
Voluntary Manslaughter
Voluntary manslaughter is an:
i.) INTENTIONAL killing MITIGATED by adequate provocation or other circumstances;
ii.) NEGATING malice aforethought
Voluntary intoxication is no defense to ______________
recklessness crimes.
Even though recklessness calls for a conscious disregard of a substantial risk, a person who was not aware of the risk because of voluntary intoxication will still be deemed to have acted recklessly.
What are the requirements for adequate provocation?
- Circumstances must lead to loss of self-control;
- Causal link between provocation and reaction;
- No cooling-off period.
No Adequate Provocation
“Mere words” are insufficient to establish adequate provocation and such killing after mere words spoken would constitute murder, NOT voluntary manslaughter.
Imperfect self-defense may mitigate murder to voluntary manslaughter where a defendant was either:
i.) at fault in starting an altercation; or
ii.) unreasonably, but honestly, believed that harm was imminent or deadly force was necessary.
What is involuntary manslaughter?
An unintentional killing without malice, caused by recklessness, criminal negligence, or during an unlawful act.
What does criminally negligent manslaughter require?
A reckless disregard for the high risks created by one’s conduct.
What is the ‘but for’ test in causation?
Asks whether the harm wouldn’t have occurred ‘but for’ the defendant’s act.
What is required for criminally negligent manslaughter?
A reckless disregard for the high risks created by one’s conduct
This type of manslaughter does not require the intention to kill but focuses on negligence.
What is the usual method of establishing factual causation in manslaughter cases?
The ‘but for’ test
This test determines whether the harm would not have occurred ‘but for’ the defendant’s action.
Is voluntary intoxication a defense to criminal manslaughter?
No
Voluntary intoxication does not absolve a defendant from liability in manslaughter cases.
Does contributory negligence apply to criminal manslaughter cases?
No
Contributory negligence is a civil issue and does not factor into criminal liability for manslaughter.
What are the two conditions under which a defendant can be found guilty of involuntary manslaughter according to the Misdemeanor-Manslaughter Rule?
i.) Unintentionally caused a death;
ii.) During the commission of a misdemeanor or felony that is NOT inherently dangerous
This rule addresses the liability of defendants for unintentional deaths occurring during certain unlawful acts.
When does the misdemeanor-manslaughter rule apply to malum in se misdemeanors?
Even if the misdemeanor is not independent of the homicide or cause of death
Malum in se refers to acts that are inherently wrong.
What are the two conditions for the misdemeanor-manslaughter rule to apply to malum prohibitum misdemeanors?
i.) The unintentional killing was a foreseeable consequence of the unlawful conduct; or
ii.) The consequence of the defendant’s criminal (or gross) negligence
Malum prohibitum refers to acts that are wrong because they are prohibited by law.
