Homicide

Question 1

3 Traditional Homicide Offenses

Answer 1

1) murder
2) voluntary manslaughter
3) involuntary manslaughter

Question 2

Homicide Analysis

Answer 2

1. Did D “cause” death of victim?
2. If #1 answered “yes,” did D act with “malice aforethought?” [if so, murder unless –]
3. If #1 and # 2 answered “yes,” was there also adequate provocation? [if so, voluntary manslaughter]
4. If # 1 answered “yes” and # 2 answered “no,” did D either
   
   • act with criminal negligence? [involuntary manslaughter]
   • cause death while committing misdemeanor? [involuntary manslaughter]

Question 3

Three Causation Issues

Answer 3

1. “Factual” causation:
   
   • “But for” acts of D, victim would not have died as and when he actually did die.
2. Year-and-one-day rule
   
   • Victim must die within a year and one day from the infliction of the injury.
3. Proximate causation
   
   • If no causation, D is often guilty of attempted murder.

Question 4

Proximate Causation Rule

Answer 4

• Proximate causation exists if the victim’s death naturally results from the defendant’s actions,
• even if this occurs in an unexpected manner,
• unless the events are extremely unusual.

Question 5

Superceding Event

Answer 5

Proximate causation is lacking if a “superseding” factor is interjected into the chain of causation.

Such a factor must be:

1. independent of the defendant’s actions;
2. unforeseeable; and
3. the sole immediate cause of the victim’s death.

Question 6

Causation of Already Dying Victim

Answer 6

• A defendant who simply speeds up death of dying victim does factually cause the victim’s death

Question 7

Intended Death that Occurs in an Unexpected Way

(e.g. woman poisons her husband, he is about to die, when woman’s lover shoots him)

Answer 7

• If an intended death occurs in an unexpected way, there may be a lack of proximate causation.
• e.g. woman here would be guilty only of attempted murder because her lover’s actions were a superceding factor

Question 8

Intervening event that only becomes a contributing cause of death

Answer 8

• Does not break the chain of proximate causation.

Question 9

Murder

Answer 9

A killing is with “malice aforethought” and therefore murder if the defendant acted with:

1. intent to kill; or
2. intent to cause serious bodily injury; or
3. awareness of extremely high risk that death will result (“abandoned and malignant heart” doctrine or “depraved mind” murder); or
4. intent to commit a felony.

Question 10

Intent to Kill for Murder

Answer 10

• If D acted with one of other malice mental states, intent to kill is not necessary for murder.
• Knowingly engaging in high risk activity can be malice.

Question 11

Felony murder general rule

Answer 11

General Rule: Accidental deaths caused during commission of a felony are murder.

Question 12

Felony Murder

Effect of D’s defense to underlying (predicate) felony

Answer 12

If the defendant has a defense to the underlying (predicate) felony, the accidental death cannot be felony murder.

Question 13

Felony murder foreseeability requirement

Answer 13

• The death must have been foreseeable OR
• some courts instead require the felony to have been “dangerous” as committed.

Question 14

Felony murder

Cofelon liability

Answer 14

All cofelons are guilty of a felony murder, if the death was foreseeable to them.

Question 15

Felony Murder Merger Rule

Answer 15

• Felony murder cannot be based on felony assault (or battery) causing death of victim (“merges” into death of victim).

Question 16

Felony Murder

Resisting Victims, Bystanders, and Unlucky Felons

Answer 16

1. Many courts will not apply felony murder if the fatal shot was not fired by one of the felons (the “agency” rule).
2. Courts are most reluctant to apply felony murder where person killed is one of the felons.

Question 17

Degrees of Murder: Statutory Provisions

Answer 17

1. Some statutory provisions divide murder into degrees. Most killings with “malice aforethought” are second degree murder. Some killings are first degree murder:
   
   • certain felony murders
   • premeditated killings
2. Premeditation requires some conscious consideration over whether or not to kill.

Question 18

Premeditation and Provoking Incidents

Answer 18

A provoking incident, even if not enough to reduce killing to voluntary manslaughter, may show absence of premeditation

Question 19

Voluntary Manslaughter Elements

Answer 19

• An intentional killing that would otherwise be murder is reduced to voluntary manslaughter if three things are shown:
  
  1. objectively reasonable provocation;
  2. this actually caused the defendant to kill the victim; and
  3. D acted on that before an objectively sufficient cooling period elapsed.
• Some situations insufficient “as a matter of law”: best example—“mere words.”

Question 20

Involuntary Manslaughter Elements

Answer 20

A killing is involuntary manslaughter if the defendant killed either:

1. in the course of committing a misdemeanor; or
2. with criminal negligence.

Question 21

Criminal Negligence Standard

Answer 21

Where negligence is used for criminal liability, it requires more negligence than is necessary for civil liability.

Question 22

Virginia Homicide Offenses

Answer 22

1. Capital Murder
2. First Degree Murder
3. Second Degree Murder
4. Felony Murder
5. Felony Homicide

Question 23

VA Capital Murder

Answer 23

Willful, deliberate, and premeditated murder committed under 14 different aggravating circumstances.

Question 24

VA First Degree Murder

Answer 24

• Poison
• Lying in wait
• Imprisonment
• Starvation; or
• Any wilful, deliberate, and premeditated killing that does not fall within capital murder.

Question 25

VA Second Degree Murder

Answer 25

• All murder is presumed to be second degree murder.
  
  • The burden is on the prosecution to elevate it to first degree or capital murder
  • the burden is on the defense to reduce it to manslaughter.
• Second degree murder consists of all murder that is neither capital nor first degree.

Question 26

VA Felony Murder

Answer 26

Any murder committed, whether intentional or accidental, during the commission of or during an attempt to commit:

• Arson
• Rape
• Forcible sodomy
• Robbery
• Burglary
• Abduction
• Inanimate/animate object sexual penetration

Question 27

VA Felony Murder Treatment

Answer 27

treated as first degree murder

Question 28

VA felony murder causation

Answer 28

• A death that results not from actions of the felon, or
• from acts directly calculated to further the felony or necessitated by the felony,
• but from circumstances coincident to the felony, is not a felony murder.

Question 29

VA Felony Homicide

Answer 29

1. The accidental killing
2. contrary to the intention of the parties
3. while committing some non-enumerated felonious act.

Question 30

VA Felony Homicide Causation

Answer 30

In determining whether a felony homicide has been committed, the critical factor is the existence of a causal connection between the felony and the accidental killing.

Question 31

VA Voluntary Manslaughter

Answer 31

• Unlawful killing without malice (heat of passion)
  
  • Example: A killing committed during mutual combat, in the heat of which the defendant struck a blow that killed the decedent.

Question 32

VA Involuntary Manslaughter

Answer 32

A killing of one accidentally, contrary to the intention of the parties, either:

• During the performance of some unlawful but not felonious act; or
• During the performance of a lawful act amounting to criminal negligence.