Homicide Flashcards
What’s the difference in homicide and criminal Homicide
Homicide is any act or omission that causes the death of another
Criminal homicide it involves culpability
What was the original purpose of dividing murder into tiers?
Pennsylvania wanted to stop using the death penalty so much
What is the defining feature of murder
Malice
How’s the California penal code define malice?
Into 2 categories including express malice and implied malice
Express malice manifest deliberate intention
Implied malice defines homicide that was Unprovoked or circumstances showing malignant heart
Is premeditation (common law) or aggravating circumstances (MPC) Better for parsing the worst murders from the rest?
- Premeditation it is more morally culpable and more deterrable but not a great proxy for evil
- Aggravating circumstances catch more metrics of moral evil
Where is the defining characteristic of first-degree murder?
Premeditation
What are two definitions of premeditation?
Carrol definition:Premeditation can be satisfied in the same instant as the killing act (no need to prove actual reflection or any lapse in time, no real difference between 1st and 2nd degree here except that 1st can’t accommodate reckless)
Guthrie Definition: No particular time between intent formation and execution is required but must prove actual contemplation (If only for a second-can be proven circumstantially)
Where is the Anderson rule for proving premeditation?
1-Planning Indicates design to kill
2-motive indicates prior relationship is a reason to kill
3-manner of killing indicates planning
Can second-degree murder include recklessness?
Yes but malice is still required
What are the two kinds of second-degree murder?
1-depraved heart murder where no intent is required but evidence of a wicked depraved & malignant heart which shows disregard for human life (question of degree from manslaughter)
2-Any murder that is not First degree
What is the MPC distinction between first and second-degree murder?
Second-degree murder: Purposeful or knowingly killing OR Recklessness showing extreme indifference to human life [Depraved heart murder]
First-degree murder: Any second-degree murder with an aggravating circumstance
What are the two defining feature is the manslaughter?
1-Lack of malice & Provocation (Voluntary manslaughter)
2-recklessness (Involuntary manslaughter)
Is the provocation defense an excuses or justification?
It is a partial excuse
What constitutes sufficient provocation for the provocation defense?
Majority approach: Categories are used, Words are not enough per Girouard
Minority approach: Is a question of fact if provocation was sufficient and cool down time was insufficient (Judge determines sufficiency before sending to jury)
What are the pros and cons of the provocation defense
Pros: Provoked murders are less deterrable, more understandable & cannot be solved with incapacitation
Cons: Sexist,Benefits angry,Blames victim,Reasonable people don’t kill regardless
What is the three-part test for common law voluntary manslaughter?
Per Maher
1-Subjectively distressed
2-Distress must be objectively reasonable to the circumstance (Reasonable can be formulated Descriptively or prescriptively)
3-There is in adequate cool off time(objectively)
A common law how much negligence is required for involuntary manslaughter?
at Common Law Gross negligence is required.
This can be modified by statute See State v Williams
What is the Welanski Rule for manslaughter?
Recklessness does not require subjective of knowledge of the risk
1-Defendant is reckless if a reasonable person would’ve recognized the rest
2-Defendant is reckless if defendant subjectively recognize the risk
3-Difference in recklessness under Welanski & non-criminal negligence is a question of magnitude of the risk ignored by the actor
Where is the MPC’s version of the provocation defense
Called emotional disturbance.
Broader than common law
Does not have a specific triggering event requirement or a specific cool off limitation
They must still be a subjective mental disturbance And an objective reasonable explanation for the ED
What are the 4 MPC requirement for involuntary manslaughter?
Checklist 1-what is the risk substantial 2 - was the risk unjustified? 3 - was this a gross deviation from the expected standard of care 4 - conscious disregard for the risk?
Contributory negligence is never a defense to criminal liability
believe it
What’s the difference in manslaughter and non-criminal negligence?
The magnitude of the risk ignored (per People v Hall)
What’s the difference in manslaughter and depraved heart murder?
Neither requires intent but the character of the actions distinguish
What does the felony murder doctrine do for the prosecution?
A theory to establish malice- felony murder is not a separate crime (kind of like depraved heart)
