Criminal Homicide (Ch. 5) Flashcards
aforethought
originally meant that the intent to kill had to be thought out in advance, but today the word has lost all its meaning.
CA Penal Code Section 189
defines felony murder and lists the crimes which are a part of felony murder.
implied malice
no intent to kill at all, but there is still technically “malice.”
5 meanings of malice
intent to kill, intent to cause grievous bodily injury, depraved heart, felony murder, and provocative act murder.
depraved heart murder
defendant engaged in conduct that was extremely dangerous to human life, was aware of the risk to human life, and consciously disregarded that risk. No social justification for the conduct.
provocative act murder
applies when two or more individuals perpetrate a crime and a police officer or the victim fights back and kills one of the perpetrators. The surviving perpetrator(s) can be hold liable for the death of their partner in crime.
What was the first state to divide murder into degrees?
Pennsylvania in 1794.
What are the seven types of first degree murder in CA?
(1)willful, deliberate, and premediatated, (2) felony murder (that IS listed in Section 189), (3) torture murder, (4)lying in wait, (5) murder by poison, (6) drive by shooting, and (7) explosives or armor penetrating ammunition.
elements of torture murder
(1) acts causing death that involve a high degree of probability of the victim’s death, (2) a willful, deliberate and premeditated intent to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or another sadistic purpose.
Requirements for lying in wait
D must conceal her purpose, there must be a substantial period of watching and waiting for the opportune moment to attack, and there must be a surprise attack on the unsuspecting victim from a position of advantage.
What are the four types of second degree murder in CA?
(1) depraved heart murder, (2) intent to kill with sufficient provocation, (3) intent to kill without premeditation/deliberation, and (4) felony murder (not listed in Section 189, but still inherently dangerous to human life).
What is the dividing line between first degree and second degree intent to kill murder?
deliberation and premeditation.
What is the required mens rea for felony murder?
None, felony murder is strict liability.
If the felony isn’t listed in 189 and isn’t inherently dangerous to human life…
there can be no felony murder prosecution.
Facts of the case approach to IDHL
looks at how the crime was committed, and whether those actions were IDHL.
Felony in the abstract approach to IDHL
(uesd in CA) ignores how the crime was committed, and instead looks at the elements of the felony and asks whether there is a way to commit the felony without it being IDHL. If so, the felony is NOT IDHL.
If the non-listed felony is IDHL, what is the last step in the felony murder analysis?
To ask whether the felony merges into homicide. It merges if it is assaultive in nature, and if it does merge there can be no felony murder prosecution.
continuous-transaction doctrine
says that a felony may continue beyond the termination of the felony itself for purposes of a death in the aftermath of the felony, provided that the felony and the act resulting in death are one continuous transaction.
five types of voluntary manslaughter in CA
(1) intentional killing in the heat of passion on adequate provocation, (2) unintentional killing with conscious disregard for the danger to human life and knowledge that the conduct endangers the life an another on a sudden quarrel or heat of passion, (3) felony killing that merges, (4) intentional killing in imperfect self defense, and (5) unintentional killing in imperfect self defense with reckless disregard for human life.
seven types of involuntary manslaughter in CA
(1) misdemeanor manslaughter, (2) a death that occurs in the commission of a lawful act which might produce death, in an unlawful manner, (3) negligent manslaughter, (4) felony killing that isn’t IDHL, (5) killing while unconscious due to voluntary intoxication, (6) unintentional killing in imperfect self defense where D doesn’t consciously disregard human life, and (7) vehicular mansluaghter.
Acceptable provocations for voluntary heat of passion manslaughter
violent battern, mutual combat, illegal arrest, adultery, (according to some courts) assault, and injury to close relative. Insulting words, no matter how insulting, are not enough.
two phases of a death penalty case
guilt phase and penalty phase
