Homicide Flashcards
MURDER- Common Law (Majority)
1- First degree - premeditation
2- Second degree - specific intent without premeditation or adequate provocation; extreme recklessness (abandoned+ malignant heart
3 - Special treatment of felony murder
MURDER- MPC
1- Purpose or knowledge
2- Extreme Recklessness (presumed with certain felonies)
Manslaughter MPC
1- Recklessness
2. EMED
Manslaughter (Common Law) Majority
Two categories
1. Voluntary; adequate provocation
2- Involutnary recklessness or negligence
MURDER- Factors FOR premeditation
- Time and degree of reflection – longer the more likely
- The lack of passion, dispassionate nature of the killing, calm manner, suggests a rational decision, cold blooded.
- The manner of commission of the crime (aim directly at the chest)- the nature of commission indicates intentionality.
- The history between the defendant and victim (business relationship, family feud)
- The degree that the defendant controls the situation.
- The availability of alternatives to homicide. “
MURDER- Factors AGAINST premeditation
- Diminished capacity.
- Provocation.
- Short amount of time.
- Sloppy, imprecise commission of a crime.
- Self-defense
- Emotion (fear, anger, etc.)”
Francis v. Franklin
• Escaped prisoner with dental assistance hostage shot through the front door of the victim when searching for a getaway car.
o The wife and daughter didn’t give him the keys and he didn’t attempt to harm them.
• His defense was that he lacked the requisite intent to kill.
- Jury instruction error “presumed intent”.
Due process clause of the 14th amendment prohibits the state from using jury instructions that have the effect of relieving the state of the burden of proof. o Must prove intent beyond a reasonable doubt. No presumptions.
o Unconstitutional burden-shifting of persuasion with respect to the element of intent.
Francis v. Franklin
• Escaped prisoner with dental assistance hostage shot through the front door of the victim when searching for a getaway car.
o The wife and daughter didn’t give him the keys and he didn’t attempt to harm them.
• His defense was that he lacked the requisite intent to kill.
- Jury instruction error “presumed intent”.
Due process clause of the 14th amendment prohibits the state from using jury instructions that have the effect of relieving the state of the burden of proof. o Must prove intent beyond a reasonable doubt. No presumptions.
o Unconstitutional burden-shifting of persuasion with respect to the element of intent.
“United States v. Watson
• Must prove premeditation/deliberation
o Defendant killed a cop through a fight after he held him down and shot him in the chest.
• No set time is required but have to prove they didn’t act impulsively; “some appreciable time must elapse”.
o Premeditation and deliberation may be inferred from sufficiently probative facts and circumstances.
- The cop was pleading for his life; “it wasn’t worth it”.
- Issue was properly left to the jury. Affirmed.
• Two significant pauses in time – immobilizing the officer and when he repeated his plea.
o No hard and fast rule for timing – all fact specific.
• There was sufficient evidence from which a jury could conclude premeditation.”
In murder, what do you need to prove premeditation/deliberation? Is there a set time for how long premeditation/deliberation needs to be?
“United States v. Watson
• Must prove premeditation/deliberation
• No set time is required but have to prove they didn’t act impulsively; “some appreciable time must elapse”.
o Premeditation and deliberation may be inferred from sufficiently probative facts and circumstances.
- The cop was pleading for his life; “it wasn’t worth it”.
- Issue was properly left to the jury. Affirmed.
• Two significant pauses in time – immobilizing the officer and when he repeated his plea.
o No hard and fast rule for timing – all fact specific.
• There was sufficient evidence from which a jury could conclude premeditation.”
People v. Walker
• A group of guys were gambling, and someone wanted in on the game, after they were refused, they started threatening the group with a knife.
o D throws a brick (alone self-defense) and then kills the guy with his own knife.
• D wants murder reduced to manslaughter because of provocation: evidence supports voluntary manslaughter.
o Imperfect self-defense can transfer to manslaughter.
Minority view on manslaughter instruction
Manslaughter instruction is appropriate even in the absence of traditional provocation if there is extreme emotional disturbance.
MURDER- Provocation elements:
Provoking event (objective).
• Provocation must be adequate (subjective).
• Defendant was indeed provoked.
• No cooling off.
“Ex Parte Fraley
The victim of the homicide had previously killed the defendant’s son 10-months ago. The defendant was trying to enact his own justice and killed his son’s killer 10 months after murder of his son.
Was this murder or voluntary manslaughter?
Murder- 10 months was sufficient
People v. Wu (extreme minority view)
• The mom strangled and killed her son and attempted to kill herself.
o Cultural background – illegitimate child and thinks she can care for him better in the afterlife.
o D wants unconscious theory and cultural beliefs defense.
What happens?
Evidence of a defendant’s cultural background is relevant to show the defendant’s mental state regarding elements of a crime.
Common law: Is adultery adequate provocation?
Yes (time may be added to cool down if it’s a long course of provocatory conduct)
Can words be sufficient to invoke provocation? (common law)
No, very very very rarely
“Commonwealth v. Welansky
• A bar burned down and killed hundreds of people; emergency exists were blocked and the owner knowingly violated the permit rules.
o Didn’t intend to kill anyone so he was charged with involuntary manslaughter.
Is that charge adequate?
Recklessness can be the basis for involuntary manslaughter.
State v. Williams
• Native American couple charged with manslaughter which in this state can be based off negligence.
o Didn’t take baby to the doctor; died of gangrene after two weeks.
• D’s were afraid to go bc of child services taking other children away from non-traditional parenting/family standards.
Is involuntary manslaughter appropriate?
Yes, recklessness is purposely (knowingly) ignoring a danger.
“Mayes v. The People
Drunk husband threw a beer glass and it hit the oil lamp she was carrying. It caught her on fire. The burns from the fire killed her.
The husband is charged for murder for an abandoned and malignant heart (recklessness).”
Extreme recklessness can support a murder charge under the common law, and because of that it is harmonized under the MPC – this is a majority rule.
majority rule on extreme recklessness supporting a murder charge
Extreme recklessness can support a murder charge under the common law, and because of that it is harmonized under the MPC – this is a majority rule.
Minority view- Manslaughter & provocation
Extreme recklessness can support a murder charge under the common law, and because of that it is harmonized under the MPC – this is a majority rule.
MPC Murder (extreme recklessness)
MPC – Murder – Extreme Recklessness- recklessness manifesting an extreme indifference to the value of human life.
MURDER- is transferring intent ok? (NMR)
Yes, intent follows the bullet. You don’t get a lower
