Chapter 7 - Criminal Homicide Flashcards
Criminal Homicide
The unjustified, unexcused killing of a human being
Types: Intentional Murder, Murder with provocation, depraved heart murder, intent to inflict grievous bodily injury, felony-murder, involuntary manslaughter, negligent homicide
Murder
MPC §210.2(a)-(b)
- Homicide is murder if the actor: Purposely or knowingly takes a life (intentionally) OR acts with extreme recklessness (deprave heart murder)
– Intent to kill: (express malice)Acted with intent
– Intent to inflict grievous bodily injury: (implied malice)unintentional killing + aggravation
– Depraved Heart/Gross or extreme recklessness: (implied malice) unintentional killing + aggravation
(Knoller)
MPC §210.02(1)(b)
- Extreme recklessness is presumed if homicide occurs during specified felonies (felony murder)
–Felony Murder
Manslaughter
MPC §210.03 (1) (a)-(b): Homicide is manslaughter if a) the actor recklessly kills another OR b) if, under extreme emotional disturbance, the actor commits an act that would otherwise be murder
- Provocation: (Heat of passion/voluntary manslaughter) Unlawful killing of another human being without malice
- Misdemeanor Manslaughter: Intent to commit misdemeanor which a death occurs is a sufficient mental state for manslaughter
MPC §210.4: Homicide is negligent homicide when it is committed negligently (Hernandez)
-Negligent Manslaughter (Williams): gross negligence/criminal negligence/involuntary manslaughter; an intentional killing committed without due causation OR Lawful act done in unlawful manner without due causation
People v. Eulo
Life ends w/ loss of spontaneous brain function OR cardiorespiratory function
State v. Guthrie
1st degree murder is willful, deliberate and premeditated
Hatfield definition of premeditate/intent : intentional, deliberate and premeditated means the killing is done after a period of time for prior consideration
Time - will vary person to person BUT must be sufficient for the accused to be fully conscious of what he intended to do
– REJECTED THE “intent need only exist for an instant” instructions of Schrader
Midgett v. State
1st degree murder
- State must prove premeditated and deliberate BRD
- -W/o child abuse 1st degree murder statute from legislature; the state has to prove premeditation and deliberation no matter how heinous the facts are
State v. Forrest
Proof of premeditation must be proved by circumstantial evidence:
1) want of provocation on the part of the victim
2) The conduct/statements of D before and after the killing
3) threats and declarations of D before and during the course of occurrence giving rise to victim’s death
4) pre-existing ill-will between parties
5) lethal blows after victim has been rendered helpless
6) brutality of the killing
7) Nature and number of the wounds
Premeditation
- usually 1st degree murder
- time:
- usually greater culpability, but not always (midgett; forrest)
Proof of Premeditation
Proof of premeditation must be proved by circumstantial evidence:
1) want of provocation on the part of the victim
2) The conduct/statements of D before and after the killing
3) threats and declarations of D before and during the course of occurrence giving rise to victim’s death
4) pre-existing ill-will between parties
5) lethal blows after victim has been rendered helpless
6) brutality of the killing
7) Nature and number of the wounds
Deadly Weapon Doctrine
When A intentionally uses a deadly weapon on B and kills him; it is presumed that A intended to kill B
** Can be rebutted
People v. Morrin (note 1, pg 276)
Premeditation: to think about beforehand
Deliberation: to measure and evaluate the major facets of a choice or problem
**the time between the initial thought and ultimate actions should be long enough to afford a reasonable man time to take a second look at his response.
MPC 210.2(2)
One degree of murder for all intentional killings!
–rejects premeditation!! NO DEGREES of murder!
MPC 210.2(2)
One degree of murder for all intentional killings!
–rejects premeditation!! NO DEGREES of murder!
Rule of Provocation
- Provocation must be adequate
- it must be calculated to inflame the passion of a reasonable man
- Killing in heat of passion
- Sudden – insufficient time to cool off
- Causal connection between provocation and fatal act
Words alone cannot be adequate unless
1) They are accompanied by conduct indicating present intent and ability to cause bodily harm
2) (few jurisdictions) if words informed D of an event that, had he witnessed it, would be provocative
Girouard v. State
Rules of Provocation + words alone cannot be adequate
Adequate provocation is calculated to inflame the passion of a reasonable person and cause him to act for the moment from passion rather than reason.
Adequate Provocation
CL: provocation mitigates intentional killing to manslaughter
IF D reasonably believes injury exists even though it does not
traditional circumstances allowed: Extreme assault or battery on D, mutual combat, illegal arrest of D, Injury or serious abuse of D’s close relative, sudden discovery of spouse’s adultery
**NOT ALLOWED: Sex between victim and D’s sister, words, woman’s refusal of D
People v. Casassa
Provision permits but does not require the finder of fact to mitigate based on EMED
— Reasonableness from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be
Extreme Emotional Disturbance
- Requires actors emotional distress be based on reasonable explanation or excuse
- Preserves the essentially objective character of the inquiry
MPC 210.3(1)(b)
Provocation/ Extreme mental or emotional disturbance
– murder is mitigated if D is acting under the influence of EM or ED for which there is a reasonable explanation
** REASONABLE is determined from the viewpoint of a person in D’s position under the circumstances as he believed them to be
- provocation can mitigate BUT does not have to.
- -MPC recognizes that it does not have to be immediate, time may increase EMED
MPC 210.3 (1)(a)
Involuntary Manslaughter (reckless manslaughter)
Criminal homicide constitutes manslaughter when it is committed recklessly
– committed recklessly means a killing for which the actor is reckless as to causing death and reckless as to the victim being human
People v. Knoller
- Implied Malice
- Abandoned & Malignant heart
Focus on risk of death or risk of great bodily injury
State v. Williams
negligence based on RPS regardless of ignorance/good faith
– RPS can be somewhat subjective
– If ordinary negligence is proximate cause of the death, D is guilty of statutory manslaughter
– ordinary negligence is failure to exercise ordinary care (RPS) necessary to make defense of excusable homicide.
People v. Fuller
Felony Murder should not apply to petty non-violent felonies
All murder which is committed in the perpetration of a felony(listed in statute or @ CL) is murder in the first degree; STRICT LIABILITY
People v. Howard
Determining whether a felony is inherently dangerous
– Howard Test: Can the felony be committed without creating a substantial risk that someone will e killed?
Ex. pg 347-348
People v. Smith
NO F-M if felony inherently included risk of death/assaultive nature
- if homicide results from conduct for independent felonious purpose as opposed to a single course of action with a single purpose (merge)
– if we apply f-m here, it would extend it beyond it’s rational function
State V. Sophophone
If killing is committed by a non-felon during a felony, apply Apparent Agency doctrine (or proximate cause – dissent)
– FMR not applicable b/c killing didn’t take place in futherance
Gregg v. Georgia
DP is not always unconstitutional – the Georgia scheme (jury guidance, bifurcated trial, appellate review and proportionality review) fixes the arbitrariness
McCleskey V. Kemp
In order to use statistics to prove violation of equal protection clause, D must prove decision makers/legislature IN HIS CARE acted with discriminatory purpose
** it’s not good enough to show that the system is flawed but that it affected D directly
Intent to Inflict Grievous Bodily Injury
- Intent to inflict serious bodily injury can be adequate mens read for murder
- To hold D liable for deaths that occur under circumstances that involved great risk (intending serious bodily injury)
MPC §210.2
–Criminal homicide constitutes murder when:
— It is committed purposely or knowingly OR
—It is committed recklessly under circumstances manifesting extreme indifference to the value of human life.
(compare to CL depraved heart/intent to inflict…)
** MPC gives no significance to intent to inflict…
— Such recklessness and indifference presumed if death occurs during certain crimes (compare to CL felony murder)
State v. Hernandez
- state had to prove D acted with criminal negligence and was the proximate cause of death
- Irrelevant evidence (ex. bumper stickers) if it does not logically tend to prove or disprove a fact in issue
MPC §210.3
- -Criminal homicide constitutes manslaughter when:
- –It is committed recklessly OR
- –A homicide would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable (under circumstances as D believes them to be) excuse
Involuntary Manslaughter
State must prove that D acted with criminal negligence and caused the victim’s death
– Gross negligence is essential (breach had to amount to more than ordinary or simple negligence)
MPC 2.02(5)
if negligence is required and a higher standard can be proven, then the higher state of mind (P, K, or R) can be substituted
– Prejudice is a limitation to substituting a state of mind
MPC 2.02(5)
if negligence is required and a higher standard can be proven, then the higher state of mind (P, K, or R) can be substituted
– Prejudice is a limitation to substituting a state of mind
Criminal Negligence
requires jury to find negligence so gross as to merit damages AND punishment
MPC §210.2
One is guilty of murder if death results from conduct during the commission or attempted o
“In Furtherance”/ Res Gestae Requirement
“in the course of…” - crime must be furthered
Factors that determine: 1) Time 2) Place 3) Causal Connection
– How long does a crime last? Once the felon has reached a place of temporary safety, the impact of FM ends
Coincidental death occurring during the commission is not enough for FM – The death must have been cause by an act done in furtherance of a felony
Apparent Agency v. Proximate Cause
Apparent Agency: F-M will not apply if the person who directly caused the death was a NON FELON
Proximate Cause: felon may be held responsible for murder for a killing committed by a non -felon SO LONG AS THE FELON SET THE COURSE OF ACTIONS THAT CAUSED THE DEATH
–D had role in starting the conduct that caused the killing
Co Felon Liability
All parties liable for deviations from common place which are foreseeable consequence of the plan
Co Felon Affirmative Defense
it IS a defense if D wasn’t the only participant that
- D did not intend to kill
- D wasn’t armed
- D has no reason to believe co felon was armed
- D has no reason to believe anyone intended conduct likely to cause death or injury
(Very Narrow)
Misdemeanor-Manslaughter
A person is liable for involuntary manslaughter when he causes the death of another during the commission of a misdemeanor; even though the actor did not act with criminal negligence necessary for involuntary manslaughter.
– must be committing a misdemeanor during killing; despite lack of intent, will be manslaughter
Felony Murder Doctrine
Any death occurring during the course of a felony is murder – as long as death is consequence of the felony
** it is murder even if death may be accidental, unintended or unforeseeable
– STRICT LIABILITY – relieves state’s burden of proving intent (recklessness is presumed MPC §210.02(1)(b))
Criticism of the Felony Murder Rule
- Excessive punishment for the culpability (fuller)
- you can’t deter unintended acts
- not retributive
Approval of Felony Murder Rule
- will deter negligent and accidental killings by encouraging felons to take care
- Will deter predicate felony b/c strict liability
- RELIEVES THE STATE’S BURDEN OF SHOWING INTENT
Limitations on Felony Murder Rule
- Inherently Dangerous
- Indep. Felony and Merger
- In Furtherance of…
Howard Test on Inherently Dangerous
– Abstract objective standard; NOT judged by the particular facts of the case
Can the felony be committed without substantial risk someone will be killed?
MPC §210.2
One is guilty of murder if death results from conduct during the commission or attempted commission of a felony
Furman v. Georgia
Death penalty found unconstitutional b/c unfettered discretion (by jury) is arbitrary and capricious
