Homicide

Question 1

Common Law Homicide Include

Answer 1

1. Murder in the 1st Degree
2. Murder in the 2nd Degree
3. Voluntary Manslaughter
4. Involuntary Manslaughter

Question 2

Elements of Murder

Includes both 1st and 2nd degree Murder

Answer 2

Causing the death of another human being wiht malice aforethought

i) causing death

(a) Majority Rule (MI too) - death may occur at any time
(b) Common Law Rule - The death MUST occur w/in 1yr and one day from the act

ii) of another human being - suicide not considered murder

iii) with malice aforethought - satisfied if defendant has the mental states listed for 1st and 2nd degree murder)

NOTE - even if the victim is dying and the def shortens her life by just a sm. period of time, it is still considered homicide.

Question 3

First Degree Murder

Answer 3

This requires BOTH

1. Premeditation - you think about it before hand- even if only for a moment, and
2. Deliberation - you make a choice

Deadly weapon rule - the intentional use of a deadly weapon creates a permisive inference of an intent to kill.

Examples - lying in wait to kill, purposely poising another, coming up and executing a plan.

Non-Examples - Intent to cause greous bodily harm (2nd degree), killing in anger without malice

Question 4

Michigan Peace Officer Rule

1st Degree Murder

Answer 4

1st Degree murder also includes the killing of a peace or corrections office who is lawfully engaged in the performance of his duties IF the def knew that the person was a peace or corrections officer who was lawfully engaged in the performance of his duties.

Question 5

2nd Degree Murder

Answer 5

1. Intent to cause grievous bodily harm and the person ends up dying
2. Extreme recklessness regarding homicide risk and someone dies (“depraved heart murder”) This generally requires (a) high probability of causign death, (b) a disregard for human life, and (3) an antisocial motive.

NOTE - second degree murder is the “default” whenever something is not 1st degree murder!

MICHIGAN - The trial court must instruct on 2nd degree murder and lesser-included offenses to premeditated murder (like involuntary manslaughter) if that instruction is support by a “rational view of the evidence”

Question 6

Felony Murder

(could be 1st or 2nd degree)

Felony + Death = Murder

Answer 6

Applies to ANY killing that occurs during

1 the commission of a felony

2. an attempt to commit a felony, or
3. a flight from a felony (one def reaches a place of temporary safety - e.g. stopping at a friends house, the FY ends)

Question 7

Common Law

Limitation #1

Inherently Dangerous Felony Rule

Answer 7

The felony MUST be inherently dangerous - it MUST entail an act that creates a substantial risk of death - e.g. robbery, arson, rape, kidnapping, larceny, home invasion.

MICHIGAN - specifies which crimes can serve as te FY in 1st degree FY murder - they’ve tested arson and larceny in the past.

MICHIGAN - Unlike common law Michigan requires proof of malice even for cofelons.

Question 8

Common Law Limitation #2

The Independent Felony (merger) Limitation

Answer 8

The purpose of the conduct has to be independent of the homicide. The FY must not be too dangerous.

If the felony is NOT independent then it “merges” with homicide and cannot serve as the basis for a FY murder.

Policy reason - every 1st & 2nd degree murder charge would become “FY murder”

Question 9

Common Law Limitation #3

The Causation Rule

If a co-felon or third party causes the death, is the felon liable?

Answer 9

Proximate Cause theory - all liable so long as the felon “sets in motion” the acts that cause the death. Thus, a felon can still be liable if a third party (like a police officer) commits the killing.

Agency Theory - FY murder does not apply if the person who causes the death is a non-felon

Question 10

A few additional Commlaw Law Limitations

for Felony Murder

Answer 10

Guilty of the Felony - the def must be guilty of the underlying felony (and if he has a defense to the felony, then he will not be found guilty of FY muder)

Foreseeability - The death must be foreseeable (this is looked at light/leniently)

Redline Limitation - The victim mist not be a co-felon. (If the victim is a co-felon, the def is not liable for FY murder)

Question 11

Common Law Manslaughter

VOLUNTARY MANSLAUGHTER

Answer 11

An intentional killing of a human begin without malice aforethought committed in the heat of passion due to adequate provocation.

(1) An intentional killing of a human being

(2) Committed in the heat of passion (with no time to “cool off”)

This is looked at from both a subjective and objective standard

(3) Due to adequate provocation

This is looked at from both a subjective (def was actually provoked) and objective (the event would “inflame the passions of a reasonable person” and substantially impair their self control) standard

Mere words do not suffice at common law. Exception (& Michigan too) information words that describe something that if witnessed first hand would be considered adquate provocation “I am sleeping with your wife.”

Courts do not consider def’s emotional aspects when determining provocation i.e. def has a bad temper.

Question 12

Common Law Manslaughter

INVOLUNTARY MANSLAUGHTER

“Misdemeanor Manslaughter”

Answer 12

1. The killing of another human being due to gross negligence (not feeding one’s baby, drunk driving)
2. A killing during the commission of a misdemeanor or a FY that does not qualify for FY murder (violation of a traffic law).

MICHIGAN - recongizes both of the above but states that second one must be committed with the intent ro injure or in a grossly negligent manner.