Criminal Law Flashcards
a homicide results when
a human being unlawfully causes the death of another human being.
Are Homicides only criminal?
No, a death that results from another person’s ordinary negligence will subject that person to tort liability. But not criminal punishment. Also, a death that results from another person’s conduct in circumstances that are fully exculpatory (like self defense) is deemed a lawful not criminal killing.
When are homicides criminal? Think state of mind.
when the killer acted with a criminal state of mind (mens rea) and without any legal justification or excuse that would fully exculpate the killer’s conduct.
What are the categories of homicide?
Murder and Manslaughter. Murder is malicious where manslaughter is not. Each can be unintentional or intentional.
What must a prosecutor prove to prove homicide?
- Actus Reas - the voluntary act of the defendant. the D’s conduct must be the actual and proximate cause of the victims death.
Actual Causation Elements
Actual or “but for” causation requires a prosecutor to only show that the defendants actions contributed to or hastened the victims death.
Proximate Cause
when a victim’s death is a foreseeable consequence of the D’s conduct the D’s conduct is deemed to be a proximate cause of that death. Pros must only show that the the act was a natural and probable consequence.
What can sever proximate cause?
when an intervening act of the chain of events is not foreseeable.
What is intent to kill?
when a D purposefully or knowingly kills. When they consciously desire to kill another person or make the resulting death inevitable.
What are the four types of Murder under common law?
- Intent to Kill Murder. 2. Intent to inflict serious bodily harm. 3. Depraved Heart Murder. 4. Felony Murder.
Does a Defendant have to be charged with a felony to be convicted of felony murder?
No, 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.
Is fraud considered an inherently dangerous act that could trigger felony murder?
Under majority of courts, no. For example, a person pretended to be a doctor prescribing a medicine that was supposed to help prolong a cancer patients life, but the medicine was of no medicinal value and the patient died within weeks instead of months of years. The defendant’s act would not be considered inherently dangerous.
What are considered inherently dangerous felonies?
BARRK - Burglary, Arson, Rape, Robbery, and Kidnapping.
What is the common law difference between proximate cause for felony murder under common law versus agency theory?
Under agency theory, a death caused by the D or the D’s co felon can be the basis for a felony murder. any death caused by a non felon cannot be. At common law, felons can be guilty of felony murder even if a non-felon caused the death of the victim.
Does the victim have to die during the felony for the D to be convicted of felony murder?
No, the victim just has to be incur the injury that results in their death during the commission of the crime.
