Homicide Flashcards
“4 Types of Criminal Punishment
- death
- imprisonment
- fine
- creative alt. punishment
-must serve beneficial objective
Mens Rea under MPC
1.Purposefully
2. Knowingly
3. Recklessly
4. Negligently
Purposefully (MPC)
conscious objective/believes or hopes attendant circumstances exist
longer definition: actor has a conscious objective to engage in conduct of that nature or to cause such a result; AND aware of the existence of attendant circumstances or believes or hopes they exist
Knowingly (MPC)
aware of high probability
longer definition: aware of the actus reus conduct or that attendant circumstances exist; AND aware that is practically certain that conduct will cause the actus reus result
Recklessly (MPC)
conscious disregard of risk
longer definition: consciously disregards substantial and unjustifiable risk
Gross deviation from the std. of conduct that a RPP would observe in the actor’s situation
Negligently (MPC)
inadvertently mistaken
longer definition: should be aware of a substantial and unjustifiable risk
failure to perceive the risk=gross deviation
Mens Rea under C/L
- intentionally
- knowingly
- recklessness
- negligently
Intentionally (C/L)
to act with conscious objective to accomplish result
Knowingly (C/L)
conscious awareness that a given result is practically certain to be caused by one’s conduct
Recklessly (C/L)
aware of risk and culpable of taking on the risk
Negligently (C/L)
blameworthy inadvertence
Mens Rea Definition under C/L
state of mind that the prosecution must prove a D had when doing the wrongful deed in order to secure conviction
“Guilty mind”
Two justification approaches for Punishment
Utilitarian:
-cost/benefit analysis
-punishment is justified because a greater good will be served
-justified if avoids or excludes some greater evil
ie. may be wise to punish all 4 drivers because all equally as dangerous
Retributive: “eye for eye”
-proportional punishment
-“just desserts”
-punishment is deserved
-focus on moral culpability of the actor
-requires guilt as prereq. for punisment
-punishment must be proportional
-causation required to justify punishment
-only the person who actually and proximately caused the death of V should be punished
Disproportionate Punishment
can constitute cruel and unusual punishment in violation of 8th Amendment
How to measure?
1. absolutely: commensurate with the crime
2. relatively: out of line with how others are punished for similiar misconduct
Reasons for Punishing (Deterrence)
- General deterrence: discourage from committing crimes
- Specific deterrence: dissuade from committing crimes in the future
i. retribution
ii. rehabilitation
iii.incapacitation
iv. denunciation
Involuntary Act
-lack of culpability
-lack of volition
acts under duress and may not be blame for conduct
knowledge of medical cond. is recklessness
no engaging of the mind
Transferred Intent
intent has been shifted from orig. intended wrongful act to the wrongful act actually committed.
EXAM TIP: does not transfer intent to commit one social harm to the actual causing of the another type of social harm ie). personal injury to property destruction
Proof
state must prove only mens rea specified by a given statute.
Proven by:
1. inference: a conclusion reached by considering other facts and deducing a logical consequence from them
2. permissive inference: a trier of fact is free to accept or reject from a given set of facts
3. presumption: a legal assumption that a fact exists, based on the known or proven existence of some other fact
Rule of Constructive Notice
notice is presumed by law to have been acquired by a person and thus imputed to that person
Proving culpability
Intent
1. specific intent (“intentionally”)- intent to accomplish the precise criminal act with which one is charged; to act with a conscious objective or purpose of accomplishing a result or engaging in conduct mental state is expressly set out
-prox cause of social harm required for crim culpability; ACTUAL CAUSE IS NOT ENOUGH
Specific Intent under C/L
- intentionally
- knowingly
- willfully
- purposefully
- w/premeditation
Omissions
Negative acts
Criminal liability for failture to act when:
1. statutory duty to another
2. status relationship to another
3. contractual duty to care for another
4. voluntary assumption of care of another that is so secluded the helpless person as to prevent others from rendering aid
5. creating a risk of harm to another
Actus Reus for Social Harm
harm that justifies punishment; can be conduct, result, or combo
1. result crime: conduct that is proscribed because of socially harmful outcome (murder)-punishes a harmful outcome
2. conduct crime: conduct that is proscribed because of the socially harmful behavior (DUI)-punishes harmful and dangerous behavior; punished to deter
Doctrine of strict construction
judges should interpret crim. statute according to its literal terms, w/o looking to other sources to ascertain the meaning
General Intent (C/L)
morally blameworthy state of mind usually taking the form of:
1. recklessness: actual awareness of the risk and culpable taking of the risk
2. negligently: blameworthy inadvertence) “unconscious risk taking”
3. morally blameworthy (wickedness)-any morally blameworthy state of mind
no particular mental state is set out in the definition of the crime
Act (C/L)
something that is done or performed; a deed
Act (MPC)
a bodily movement whether voluntary or involuntary
Voluntary Act (C/L)
any act that is done by design or intention; implies:
1. willed or volitional behavior by the actor
2. more than just self-generated physical movement
3. involves the actor’s mind, not just brain
under MPC, excludes mere thoughts
Principle of Legality
a person may not be prosecuted under a crim. law that has NOT been previously published; courts should not create crimes
Doctrine of void-for-vagueness
fails to define criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited, OR, it fails to establish guidelines to prevent arbitrary and discriminatory enforcement
Actus Reus
the wrongful deed (act or omission) that comprises the physical components of a crime
-harmful conduct, harmful result, or both
Attendant Circumstances
a condition that must be present in conjunction with the prohibited conduct or result, in order to constitute the crime (part of the actus reus)
Doctrine of Overbreadth
if statute is so broadly written that it deters free expression, than it can be struck down on its face because of its chilling effect, even if it also prohibits acts that may legitimately be forbidden.
Rule of Lenity
directs that judicial resolution of residual uncertainty or ambiguity in the meaning of a criminal statute be resolved in favor of the D
tie goes to D
Standard of proof on appeal
Legal Sufficiency; rsnbl juror resolving factual conflicts and credibility in favor of the prosecution, conclude D is guilty beyond a rnsbl doubt
Standard of proof at trial
beyond a reasonable doubt
How many members on jury?
12 jurors and needs to be impartial; jury verdict must be unanimous
Utilitarian Punishment
- rehabilitation
- incapacitation
- General and specific deterrence
4.denunciation
Difference between positive law and common law
Positive law: statutes and regulations
Common law: derived judicial decisions
Principle of Legality
can’t impose law on conduct previously committed
Rule of lenity
residual uncertainty; resolved in favor of D
Void for vagueness
fails to provide apparent definiteness to give fair notice of what is prohibited
danger of void for vagueness
danger of arbitrary and discriminatory enforcement
Actus reus
wrongful act or deed
mens rea
guilty mind; state of mind must be proven
attendant circumstances
pre-existing fact/cond; part of actus reus
omission
duty to act by:
-statute
-status
-contract
-assumption of risk & isolation
-creation of risk
Methods of knowledge under MPC
-actual knowledge
-deliberate ignorance
-failure to promptly dispossess
Deliberate ignorance
aware of high probability of existence of a fact, unless actually believe it does not exist
Strict Liability Offenses
-public welfare
-part of attendant circumstances statute
Mistake of Fact
General intent-honest and rsnbl
Specific intent-honest
Strict Liability-none
Mistake of Law as a defense
-specific intent to violate law is an element, or D relied on official statement held in law that ended up being invalid
actual v. prox cause
-actual-but for cause
-prox-legally sufficient cause
-sub. cause- one of 2 or more independent causes that, if had occ. alone, would have been sufficient to cause event to occur
to break prox. cause
highly unforseeable or bizarre
first degree murder mens rea
premeditation
MPC-only manslaughter (mens rea)
gross recklessness
C/L manslaughter
voluntary and involuntary
Manslaughter elements
- intent to kill
- heat of passion
- adequate provocation
- time to cool (before passion cools)
- causal connection
What does high probability of death mean under Depraved heart murder?
much less than probable chance of death may be enough if no justification for risky and advertent conduct
high probability of death to depraved heart
involuntary manslaughter mens rea (C/L)
gross/culpable negligence
negligent homicide mens rea (MPC)
-gross/culpable negligence
Felony murder in unlimited form
commission of a qualifying felony and death in course of felony
independent felony doctrine
predicate felony can’t merge into homicide if integral part of homicide
2 approaches??
agency -liability derived from primary party
prox. cause
proof beyond a rsnbl doubt
-juror’s mind must be in a subjective state of near certitude of guilt
-proof of such a convincing character that you be willing to rely and act upon it w/out hesitation in most important your own affairs
-based on factual sufficiency of the evidence
-jury verdict must be unanimous
What litigators refer to for rsnbl doubt standard during trial
- voire dire
- opening statement
- direct and cross examination
- closing argument
-determined from viewpoint of a person in the actor’s situation under the circumstances he believes them to be
1. a threshold finding of extreme emotional disturbance, then
2. from the D’s viewpoint
no pigeonholes
Retribution
“what he deserves”
-just desserts
-punishment based on what is justly deserved
-restore equillibrium of the common good
Deterrence (util)
act or process of discouraging certain behavior by fear
-General: discourage people from committing crimes
-Specific: disuade from committing crimes in the future
Rehabilitation (util)
process of seeking to improve a criminal’s character and outlook so he can function in society w/out committing other crimes
-expiation
-reformation
-restoration
Incapacitation (util)
-punishment that physically prevents a criminal from acting upon his destructive tendencies and committing other crimes
ie. confinement, ankle bracelet
Denunciation
those who disobey crim law should be held up to the rest of society and denounce as violators of the rules that defined what society representes
murder
unlawful killing of a human being w malice aforethought
Criminal Statutes Requirements
- should be understandable to ordinary law-abiding persons
- crafted so they do not delegate basic policy maters
- judicial interpretation of ambiguous statutes should be biased in favor of the accused (lenity doctrine)
3 Factor test if sentence violates 8th Amendment
- gravity of offense and harshness of penalty
- sentences imposed on other criminals in same juris.
- sentences imposed for commission of same crime in other juris.
One can be held criminally liable for the failure to act when:
- where a statute imposes a legal duty
- where one stands in certain status relationship to another
- where one assumes a contractual duty to care
- where one has voluntarily assumed care of another and so secluded the helpless person as to prevent others from rendering aid
- when a person creates a risk of harm to another
malice
- an actual intention to do the particular kind of harm that in fact was done; OR
- recklessness as to whether such harm should occur or not (requires advertent conduct and foreseen risk)
any blameworthy state of mind
doesn’t require ill-will
False Lenity Agreement
to determine the intent of legislature:
1. dictionary definition
2. related statutes
3. case authority
4. common law origins and principles
* if two approaches equally rsnbl, judge uses rule of lenity in favor of D*
But-for test
under actual cause
-determining whether the D’s conduct was a cause-in-fact of a prohibited consequence in result-type offenses
Substantial factor test
-cause is a substantial factor if it is one of 2 or more independent causes that if it had occurred alone, would have been sufficient to cause the event to occur
2 Ds, acting independently and not in concert with one another, commit 2 separate acts, each of which alone is sufficient to bring about the prohibited result
ie. 2 D’s concurrently inflict mortal wounds upon a human being, each of which is sufficient to cause death
D’s conduct is a cause-in-fact of a prohibited result if the subject conduct was a “substantial factor” in bringing about the said result
Proximate cause
-a cause that is legally sufficient to result in liability; cause that directly produces the event and w/o which it would not have occurred
For D’s conduct to be a proximate cause, victim’s injury must a be a “direct and natural result” of D’s actions
-must look at if there was an intervening cause that superseded the D’s conduct and the victim’s injury was broken
-if intervening cause DID supersede the D’s act, then D’s conduct is not the prox. cause
a person or event can’t be a proximate cause of harm unless she or it is an actual cause but a person/event can be an actual cause w/o being the proximate cause.
intervening cause
-event that comes b/w the initial event in a sequence and the result, thereby altering the natural course of events that might have connected a wrongful act to an injury
- act of god
- act of independent 3rd party
- act or omission of the victim that assists in bringing about the outcome
Breakdown statute example:
“It is an offense to drive auto in intoxicated condition”
mens rea-no
actus reus conduct-drive auto…intoxicated
actus reus result-no
attendant circumstances-an automobile, intoxicated cond.
Break down statute example:
“knowingly cause the death of another”
mens rea-knowingly
conduct-no
result-cause the death
attendant circumstances-another human being
MPC 3 Theories of Guilt
- voluntary acts knowingly acquiring possession
- failing to disposses oneself promptly
- voluntary act based on willful ignorance
Components of criminal offense
- actus reus
-voluntary act
-includes att. circumstances - mens rea
- causation
- social harm (conduct, result, or both)
Proportionate Treatment Approach
D’s did not commit homicide because no duty to continue providing life support.
Utilitarian approach-painful treatment is proportionate if hope for cure
Direct evidence
testimony of a witness, directly relating to the fact in the dispute
permissive inference-jury can infer and use common sense
Strict Liability Crime
a crime that does NOT require mens rea
2 types:
-public welfare offenses
-strict liability element offenses
Public Welfare Offenses
traffic regulations, liquor laws
-regulate an increasingly complex social order rather than to punish
Strict Liability Offenses
-generally a mens rea must be proven for all elements except a single “strict liability element”
-the s/l element is usually an attendant circumstance
Actual cause
cause w/o which the event could not have occurred (cause-in-fact)
-same as but for causation
Requirement for 1st degree murder
must show premeditation
-intent ot kill; not bodily injury
Manslaughter
heat of passion killing
MPC-recklessly or under influence of extreme mental or emotional disturbance
the unlawful killing of a human being w/o malice aforethought
C/L: voluntary and involuntary manslaughter
Voluntary manslaughter (C/L)
-intentional homicide
-done in sudden heat of passion
-caused by adq. provocation
before there has been a reasonable opportunity for the passion to cool
Rules for Provocation
- killing must be in heat of passion (at moment of homicide)
- must be adq. provocation (words alone inadequate)
- must be a sudden heat of passion ie.) the killing must have followed the provocation BEFORE there had been a rsnbl opportunity for the passion to cool
- must be a causal connection between the provocation, the passion, and the fatal act
Adequate provocation
- discovering spouse having sex
- mutual combat
- assault and battery
- injury to D’s relatives or 3rd party
- resistance to illegal arrest
words relevant when combined w/these
MPC-words are enough!; not enough under C/L
jury decides rsnbl time to cool off
Depraved Heart Murder
-no intent to kill but extreme recklessness
murder resulting from an act so reckless w/ regard to the safety of others that it demonstrates the perpetrator’s complete lack of regard for human life; EXTREME OR SUPER RECKLESSNESS
Recklessness defined
conduct whereby the actor does not desire harmful consequences but does foresee the possibility of this and consciously takes the risk
Involuntary manslaughter (C/L)
no intention to kill but committed with gross neg.
Hypo for C/L and MPC
S drives car intending to kill
c/l-murder
mpc-“purposely, knowingly”-murder
Hypo for C/L and MPC
S drives car, intending to scare and kills V
C/L-depraved heart murder
MPC-depraved heart murder
Hypo for C/L and MPC
S drives car into crowd, trying to avoid others, and kills V
C/L-involuntary manslaughter (gross neg.)
MPC: reckless; manslaughter, more than gross neg.
not super reckless since tried to avoid
Reckless v. Negligence
reckless-appreciates the risk
Hypo for C/L and MPC
S drives car into car he didn’t see while texting and kills V
C/L-involuntary manslaughter
MPC-negligent homicide (gross. neg std)
Hypo for C/L and MPC
Driver ran out of gas and good samaritan was killed. Is driver the prox cause of the death?
Not likely, it is coincidental. Bus hitting the V is not response to driver running out of gas.
-highly unusual/free human intervention doctrine
if it was the prox. cause, would driver be guilty of homicide under C/L or MPC?
mens rea-simple negligence (ran out of gas)
Hypo for C/L and MPC
Bus tips over as driving through flooded waters and bus passenger dies.
What form of homicide is driver guilty?
C/L: involuntary manslaughter
MPC: recklessness; manslaughter
Felony murder (C/L)
murder that occurs during commission of a felony
Felony murder (MPC)
type of depraved heart murder
-extreme indifference to the value of human life
-super reckless is accomplice is engaged
under the unlimited form. of unplanned, unintended, and unforeseeable, can still be liable
Recklessly (review)
consciously aware of risk
negligently (review)
unaware of risk but should be aware
Is strict liability always the rule if there is no mens rea? (review)
NO
What is the default mens rea under the MPC? (review)
recklessly
Is a non-mortal wound that accelerates death an actual cause? (review)
YES
Is a non-mortal wound that aggravates injury an actual cause? (review)
NO, unless accelerates death
How can an intervening cause break proximate cause? (review)
must be highly unforeseeable/bizarre
coincidental-must be unforeseeable
What is the c/l mens rea for murder? (review)
malice aforethought
What are the 3 approaches for defining premeditated murder? (review)
- broad approach-twinkling of an eye
- narrow approach-thinking about beforehand and weighing choices
- intermediate-opportunity of reflection
What evidence can be use to prove premeditation? (review)
circumstantial evidence and permissive inference
brutality can show premeditation
Basis for manslaughter under the MPC? (review)
- gross recklessness
- under influence of extreme mental or emotional disturbance
words CAN be adq. provocation
threshold of extreme disturbance
What is the mens rea for depraved heart murder? (review)
extreme recklessness
Under capital punishment, What types of murder can death be imposed? (review)
- premeditated murder
- felony murder if D kills as a perpetrator OR has an intent to kill
- if D is a major participant and exhibits a reckless indifference to human life
Are there limitations on the death penalty regarding minors? (review)
Yes, no death penalty if under 18
Can the V present evidence on sentencing in a capital case? (review)
YES
