Homicide Flashcards
What is criminal homicide in Pennsylvania?
Intentionally, knowingly, recklessly, or negligently causing the death of another human being.
What are the criminal homicide classifications in Pennsylvania?
Murder (of the first, second, and third degree), voluntary manslaughter, and involuntary manslaughter.
What constitutes murder in the first degree?
A willful, deliberate, and premeditated killing.
When can an accomplice be guilty of first-degree murder in Pennsylvania?
Only when the evidence is sufficient to show that the accomplice possessed the specific intent to kill.
What constitutes murder in the second degree in Pennsylvania?
Felony murder.
- This includes the attempt to commit a felony and flight after committing or attempting to commit a felony.
- “Inherently dangerous felonies” include
- Burglary
- Arson
- Rape
- Robbery
- Kidnapping
- Involuntary deviate sexual intercourse
N.B.: A conviction for murder in the second degree need not be accompanied by a conviction of the underlying felony.
What constitutes murder in the third degree in Pennsylvania?
A killing resulting from a conscious disregard of an unjustifiable, extremely high risk of death or serious injury.
What is “malice”?
Wickedness of disposition, hardness of heart, cruelty, recklesness of consequences, and a mind regardless of social duty.
In other words, when the defendant consciously disregarded an unjustified and extremely high risk that their actions might cause death or serious bodily injury.
This can be inferred from the circumstances. Using a deadly weapon on a vital part of a body is per se malice.
What is homicide by vehicle?
This is third-degree murder and is defined as causing the death of another person in a grossly negligent or reckless manner while operating a vehicle in violation of the vehicle and traffic law (excluding DUI).
Court will look to actor’s conduct immediately before the killing.
What is homicide by drug delivery?
Third-degree murder defined as intentionally administering, prescribing, selling, distributing, or dispensing controlled substances in violation of the Controlled Substance, Drug, Device, and Cosmetic Act, leading to another’s death.
What is voluntary manslaughter?
The killing of another without lawful justification under a sudden and intense heat of passion resulting from a serious provocation that would inflame the passion of a reasonable person to the extent that it would cause that person to momentarily act out of passion rather than reason. (A first-degree felony.)
Also, killing somebody when you unreasonably believe you are lawfully permitted to do so will result in voluntary manslaughter.
What is involuntary manslaughter?
Causing the death of another person by a reckless or grossly negligent act.
This is a misdemeanor unless the victim is under 12 and in the custody, care, or control of the defendant, in which case it’s a felony.
What will a parent who fails to get medical care for their child be convicted of if the child dies?
Involuntary manslaughter, so long as the death is a direct result of the failure to seek medical attention.
What if you kill an unborn child?
You’ll be guilty of criminal homicide of an unborn child if you intentionally, knowingly, recklessly, or negligently caused the death of the unborn child.
This law does not apply in three circumstances:
- You performed a consensual abortion (even if illegal);
- You are a doctor who engaged in good-faith medical practice that led to the death; OR
- You are the pregnant woman whose unborn child died.
What defenses are there to criminal homicide of an unborn child?
- You performed an abortion (even if illegal);
- you are a doctor who was performing good-faith medical care that led to the unborn child’s death;
- you are the pregnant woman whose unborn child died; OR
- the use of force that caused the death or serious bodily injury to the unborn child would have been justified if it had been used against the mother.
