Crim Law - HOMICIDE Flashcards
HOMICIDE
This deck deals with HOMICIDE, and the various degrees from first degree down through manslaughter (starts on p.11)
The Year-and-a-Day Rule
Common Law Rule - the death must occur within a year-and-a-day of the homicidal act
**NY/MAJORITY RULE - the death may occur at any time
Murder (defined)
common law
Murder is the (1) causing of the death (2) of another person (3) with malice aforethought.
The mental state of “malice aforethought” is satisfied if the defendant has any of the following four mental states:
SIKE
(1) intent to KILL (referred to as “express malice”)
(2) intent to inflict SERIOUS BODILY INJURY
(3) EXTREME RECKLESSNESS, meaning reckless indifference to human life (many states call this “depraved heart murder”)
(4) INTENTIONAL COMMISSION of an INHERENTLY DANGEROUS FELONY
“Intent to Kill” Murder: SPECIAL RULES
(1) DEADLY WEAPON RULE: intentional use of a deadly weapon creates an inference of an intent to kill
* *note: a deadly weapon is typically defined as ANY instrument used in a manner likely to produce death or serious bodily injury - so could be anything, like a decorative lamp
(2) TRANSFERRED INTENT: (an MBE fav) If D intends to harm one victim, but accidentally harms a different victim instead, the D’s intent will TRANSFER from the intended victim to the actual victim, thus satisfying the requisite intent
NOTE: this rule applies most frequently to murder but can also apply to other crimes, such as battery and arson
EXCEPTION: “Transferred Intent” does not apply to attempts, only to crimes with “completed harms”
FELONY MURDER
Any killing caused during the commission of or attempt to commit an INHERENTLY DANGEROUS felony. The killing must take place DURING the felony or during IMMEDIATE flight from the felony. Once the felon reaches a place of TEMPORARY SAFETY the felony ends.
- The death must be FORESEEABLE
- The Victim must not be a Co-Felon
limitation - D MUST BE GUILTY of the underlying felony. If you have a defense to the felony, you have a defense to felony murder
***NY predicate felonies for Felony murder BRAKES (1) Burglary (2) Robbery (3) Arson (4) Kidnapping (5) Escape (3) Sexual Assault
The “Merger” Rule
FELONY MURDER
The felony must be independent of the killing. For example, aggravated assault or battery cannot be the underlying crime for felony murder.
(Theories of) Vicarious Liability
FELONY MURDER
“PROXIMATE CAUSE” Theory (includes NY***) - In most states, if one of the co-felons proximately causes the victim’s death, ALL other co-felons will be guilty of felony murder, even if the actual killing is committed by a THIRD PARTY (e.g. a bystander, a police officer)
“AGENCY” Theory - In some states, the felony murder doctrine applies ONLY if the killing is committed by one of the co-felons
The “Non-Slayer” Defense in NY**
FELONY MURDER
NY provides a limited AFFIRMATIVE DEFENSE to felony murder if the defendant can prove each of the following 4 things
(1) D did not kill the victim
(2) D did not have a deadly weapon
(3) D did had no reason to believe that his co-felons had a deadly weapon; and
(4) D had no reason to believe that his co-felons intended to do anything that was likely to result in death
Murder (MAJORITY APPROACH) 1st and 2nd degree
Statutory Variations
First Degree - Any killing committed with
(i) premeditation (D thought about it ahead of time), and
(ii) Deliberation (D was cool, calm and collected)
Second Degree - All other intentional murders, as well as depraved heart murder (extreme recklessness) and, where it still exists as a separate category of homicide, intent-to-inflict-serious-bodily-harm murder
NY** MURDER
1ST DEGREE
(a) INTENTIONAL Killing in which D is more than 18 years old AND at least one aggravating factor:
aggravating factors = F WHOM?(Felony murder, murder for HIRE, Officer, More than 1 in same criminal transaction)
(i) the victim is LAW ENFORCEMENT OFFICER, engaged in official duties at the time of the killing;
(ii) D committed a murder for HIRE
(iii) FELONY MURDER, where victim was INTENTIONALLY killed
(iv) killing for the purpose of WITNESS INTIMIDATION
(v) there was more than one victim INTENTIONALLY killed in the SAME criminal transaction
2ND DEGREE (a) intentional killing that does not qualify for first degree (Note: premeditation and deliberation are IRRELEVANT in NY)
(b) highly reckless killing demonstrating DEPRAVED INDIFFERENCE to human life by engaging in conduct that creates a “GRAVE RISK” of death, generally involving more than one victim (with one victim you generally need TORTURE)
(c) FELONY MURDER, where the victim is not a co-felon and is killed UNINTENTIONALLY
VOLUNTARY MANSLAUGHTER (common law)
Common law manslaughter
An INTENTIONAL killing committed in the HEAT OF PASSION upon ADEQUATE PROVOCATION
4 common law requirements:
(1) PROVOCATION was OBJECTIVELY adequate, which means it would arouse a sudden and intense passion in the mind of a reasonable person
- (e.g. serious assault or battery, presently witnessed adultery)
- – at common law, provocation of WORDS ALONE was considered inadequate provocation as a matter of law. many states no longer follow this rule
(2) Defendant must have IN FACT (actually) been provoked
(3) There must not have been sufficient time between the provocation and the killing for the passions of a REASONABLE PERSON to cool
(4) D IN FACT, did not cool off between provocation and Killing
NY*** approach to voluntary manslaughter - EXTREME EMOTIONAL DISTURBANCE (EED)
EED - an intentional killing committed under the influence of a reasonable and extreme emotional disturbance
Affirmative Defense: EED acts as an affirmative defense to second degree murder, which means the D must prove EED by a PREPONDERANCE of the evidence
Common Law INVOLUNTARY MANSLAUGHTER (2 types)
(1) a killing committed with CRIMINAL NEGLIGENCE (ie a GROSS deviation from a reasonable standard of care)
(2) A killing committed during the commission of a crime to which the felony murder doctrine does not apply (sometimes called “unlawful act” manslaughter)
MANSLAUGHTER IN NY****
First Degree Manslaughter
(1) EED manslaughter
(2) An intent to cause SERIOUS physical Injury
Second Degree Manslaughter
The D is aware of AND consciously disregards a substantial and unjustifiable risk of death
Mental State: RECKLESSNESS
Criminally Negligent Homicide in NY**
D should have been aware of a substantial and unjustifiable risk of death
Mental State: CRIMINAL NEGLIGENCE
AGGRAVATED HOMICIDE in NY**
Aggravated Homicide - when the victim of the homicide is a POLICE OFFICER killed in the line of duty (e.g. Aggravated murder, aggravated man-1, aggravated man-2, aggravated criminally negligent homicide)
Aggravated Murder - when D, over the age of 18, causes the death of a child under the age of 14 in an especially CRUEL and WANTON manner.
