Homicide Flashcards
Criminal Homicide
The killing of another human being without justification or excuse.
Murder (C/L)
The unlawful killing of another human being with malice aforethought
Malice Aforethought Meanings
Intent to Kill
Intent to Cause Grievous Bodily Harm
Depraved-Heart Murder
Felony-Murder Rule (Intent to Commit a Felony)
FIRST DEGREE MURDER
In jurisdictions that grade murder by degrees, first-degree murder typically includes “willful, deliberate, premeditated” killings within its definition.
“[W]illful, deliberate, premeditated” does NOT mean intentional (otherwise there would be no difference between first and second degree murder).
DELIBERATE
To evaluate and reflect on (e.g. weigh the pros and cons of) one’s choice with a cool, calm, mind.
PREMEDITATE
To think about before hand (but for how long?)
See, e.g. Guthrie vs. Morrin (There needs to be enough time for the actor to consider and be fully conscious of what they’re intending to do (that is, to kill))).
INTENT TO KILL
Includes the awareness that the death of another would result from one’s actions, even if that actor had no particular desire to achieve such a consequence.
Intentional or knowing homicide is murder unless the actor killed in the heat of passion engendered by adequate provocation (manslaughter).
DEADLY WEAPON RULE
INTENT TO CAUSE GRIEVOUS BODILY HARM
Knowledge that conduct would cause serious bodily injury is generally assimilated to intent and deemed sufficient for murder if death of another actually results.
DEPRAVED-HEART MURDER
Extreme recklessness regarding homicidal risk.
A person might be liable for murder absent of any intent to kill or injure if he caused the death in a manner exhibiting a “wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty.”
FELONY-MURDER RULE (INTENT TO COMMIT A FELONY)
If a death results from an actor’s conduct while he is committing or attempting to commit a felony, the actor is guilty of murder. Essentially imposes strict liability for deaths occurring in the course of felony commission/attempt.
AGENCY APPROACH
Majority approach.
The felony-murder doctrine does not apply if the person who directly causes the death is a non-felon.
PROXIMATE CAUSE APPROACH
Minority approach.
A felon may be held responsible under the felony-murder rule for a killing committed by a non-felon if the felon set in motion the acts which resulted in the victim’s death.
F-MR JUSTIFICATIONS
Deterrence
Transferred Intent
Retribution (general culpability grounds (life is valuable. Felonies that result in death deserve harsher punishment)
Denunciation
Efficiency
Simplicity
Easing prosecutorial burden
F-MR CRITIQUES
Unfairness (retributivism)
Skepticism of deterrence claims
Gap in logic re: transferred intent
Outdated
F-MR LIMITATIONS
Inherently Dangerous Felony
Independent Felony/Merger
Killings “in the Perpetration” or “in Furtherance” of a Felony
Res Gestae Requirement
FACTS-OF-THE-CASE TEST
Where jurisdicitons that limit the felony-murder rule to dangerous felonies consider the manner in which the felony was perpetuated in the case at bar.
INHERENTLY DANGEROUS FELONY
Felony-murder rule only applies to inherently dangerous felonies.
In-the-abstract vs. facts-of-the-case tests.
IN-THE-ABSTRACT TEST
Where jurisdictions that limit the felony-murder rule to dangerous felonies solely look at the elements of the offense as defined.
A felony is inherently dangerous if the felony CANNOT be committed without creating a substantial risk that someone will be killed.
INDEPENDENT FELONY/MERGER
Where felony-murder rule does NOT apply.
(1) Is the felony an integral part of and included in fact within the homicide (Ireland) (is the felony part and parcel of what homicide is; can you [insert felony] them to death)? If not, no merger.
If yes, proceed to (2)
(2) Did the homicide result from conduct with an independent felonious purpose (as opposed to a single course of conduct with a single purpose) (Burton)? If yes, no merger. In no, merger.
PERPETRATION/FURTHERANCE OF A FELONY
Felony-murder rule applies when homicide is the proximate result of the predicate felony under the Proximate Causation Approach (regardless of who engaged in the homicidal conduct).
RES GESTAE
The homicide must be in relative proximity to the underlying felony for the felony-murder rule to apply.
Requirements are generally satisfied if predicate felony and homicide are part of “one continuous transaction.”
Actual and proximate causation.
MANSLAUGHTER
Killings committed in the “heat of passion,” engendered by adequate provocation. The unlawful killing of another human being without malice aforethought.
MISDEMEANOR MANSLAUGHTER
A principle that stipulates that death occurring during the commission of a misdemeanor or sometimes a non-dangerous felony is involuntary manslaughter.
Thiis principle has been abolished by some states and the MPC.
