homicide unintentional Flashcards
Involuntary manslaughter
MPC
“Criminal homicide constitutes manslaughter when it is committed recklessly.” – § 210.3(1)(a
) “Criminal homicide constitutes negligent homicide when it is committed negligently.”– § 201.4(1)
See definitions of “recklessly” and “negligently” in MPC §2.02(2) (p. 987 of casebook).
DC Law
Criminal-negligence involuntary manslaughter
“[O]ne who unintentionally causes the death of another as the result ofnon-criminal conduct is guilty of involuntary manslaughter only wherethat conduct both creates extreme danger to life or of serious bodilyinjury, and amounts to a gross deviation from a reasonable standard ofcare.” – Comber v. U.S., 584 A.2d 26, 48 (D.C. 1990)
Misdemeanor involuntary manslaughter
“[A] killing occurring as the result of an unlawful act which is amisdemeanor involving danger of injury. … [A] misdemeanor will bedangerous under the circumstances if the manner of its commissionentails a reasonably foreseeable risk of appreciable physical injury.” Id. at 50-51
Elements
Engaged in conduct likely to cause death or grievousbodily harm
“created an extreme risk of death or serious bodilyinjury”*2. Conduct performed recklessly [or with criminalnegligence]
“was a gross deviation from a reasonable standard ofcare”
“consciously disregards a substantial and unjustifiablerisk” – MPC, § 2.02(2)(c) [subjective test] Criminal Jury Instructions for D.C., 4.212(B)
Contextualizing involuntary manslaughter
Murder—intentional or knowledgeable killing with maliceaforethought
Voluntary Manslaughter—intentional killing accompanied byreasonable provocation (which negates the maliceaforethought)
Involuntary Manslaughter—reckless taking of life withoutintent
Mere Accident/Misadventure—no crime b/c no culpablemental state is present
Goodman Tex App 2006
Welansky Mass 1944
There was a cocoanut grove fire that loss many lives. This case talks about negligent homicide and reckless homicide when there is not an affirmative act but a failure to act omission when there is a duty of care.
D owned a nightclub a fire broke out on the club. Many people died because they were unable to exit sufficiently. D was charged with involuntary manslaughter. The state argued that D wanton or reckless disregard for the safety of his patrons in the event of a fire. The court held D could be charged with involuntary manslaughter.
Depraved heart murder
Criminal homicide constitutes murder when it is committed recklessly under circumstances manifesting extremeindifference to the value of human life.” – MPC § 210.2(1)(b)[p. 1028 of casebook]
“In the District of Columbia, such depraved heart malice existsonly where the perpetrator was subjectively aware that his orher conduct created an extreme risk of death or serious bodilyinjury, but engaged in that conduct nonetheless. [M]alice maybe found where conduct is reckless and wanton, and a grossdeviation from a reasonable standard of care, or such a naturethat a jury is warranted in inferring that the defendant wasaware of a serious risk of death or serious bodily harm
Comber v US 584 A 2d. 26, 39 (DC 1990)
Elements
Extremely negligent conduct
Very high risk of death or serious bodily injury
Subjective awareness of the risk associated with the conduct
Can risk be quantified by probability of death?
<1% chance of death: negligence—no homicide
1–5% chance of death: reckless—manslaughter >5% chance of death: malice—murder
Probably not, but some states, e.g., Ill., use the word“probability” in their statute
Implied Malice
Drive into a crowd of people—
To see them scatter= Malice
Because you were on your phone = no malice
Essex
Quality of defendant’s conduc
Likelihood of death or great bodily injury
Volitional or inadvertent act
Indifference as a set of factors
1.Social utility
2. Magnitude of risk
3. Actual awareness of risk
4. Precautions taken
No single factor is necessary, none is determinative.
Apply to Pears and Jeffries.
Problem p142
The test of implied malice in an unintentional killing is actual appreciation of a high degree of risk that is objectively present.” – Berry
Factors:
1. high probability the conduct will result in death
2. subjective appreciation of the risk3. a base antisocial purpose or motive
3. a base antisocial purpose or motive
Felony Murder
“Whoever, being of sound memory and discretion … withoutpurpose to do so kills another in perpetrating or in attemptingto perpetrate any arson, first degree sexual abuse, first degreechild sexual abuse, first degree cruelty to children, mayhem,robbery, or kidnaping, or in perpetrating or attempting toperpetrate any housebreaking while armed with or using adangerous weapon, or in perpetrating or attempting toperpetrate a felony involving a controlled substance, is guiltyof murder in the first degree.” – D.C. Code § 22-2101
MPC uses the depraved-heart standard but presumesrecklessness if the killing takes place during the commissionof, or “flight after committing,” the listed felonies. – See M.P.C. § 210.2 (1) (b)
The escape
Gladman—what factors go into determining what counts as“immediate flight”?
What counts as a “place of temporary safety”? A car?
A stolen car 24-hours later?
How far from scene of felony?
WHich felonies
Some states list the felonies to which the rule applies.
Some limit the predicate act to “inherently dangerous”felonies. See Phillips (Cal.).
Some states look to the facts of the particular case to seewhether it was contemplated that violence may benecessary to carry out the criminal purpose.
Basic principles
The underlying felony (the predicate offense) must beindependent of the conduct that kills
. Predicate offenses cannot be those that “arise from and areinherent in the murder itself.”
Rationale: Deter felonies carried out in a dangerous manner.
Why does this rationale fail if the above principle doesn’thold
