Killings Flashcards
Homicide
When one unlawfully causes the death of another living person (a person born alive).
Are There Any Killings that Aren’t Criminal?
Yes, including:
- ordinary negligence
- exculpatory circumstances
Suicide
Keep in mind that for homicide death must be caused by someone else other than oneself (suicide is not homicide).
Four Categories Where a D will Be Liable for a Killing Even Without Personally Doing the Deed
- Accomplice liability
- Conspiracy
- Substantial Factor
- Co-felon
Killings from Ordinary Negligence
Death that results from another person’s ordinary negligence will subject that person to tort liability but not criminal liability.
Actus Reus For Homicide Crimes
P must show that Ds act caused the death of another living person (actual and proximate)
Actual Causation
A P need only show that the Ds actions contributed to or hastened the Vs death.
Exceptions to the Actual Causation Req.
- Accomplice liability
- Felony murder (when co-felon commits the killing)
- Conspiracies (when homicide was a reasonable foreseeable consequence)
Proximate Causation
A P need only show that Vs death was a natural and probable consequence of the Ds conduct (Ds do not need to foresee the exact chain of events).
Year and a Day Rule
At CL, a death that occurs after more than a year and a day is unforeseeable. Most states have eliminated this rule or extended the time period beyond one year, during which the defendant can be held responsible.
Mens Rea
Concurrent with the guilty act, the D must possess a guilty mind (intent to kill).
Intent to Kill
Exists when a D purposely or knowingly kills, when a D consciously desires to kill another person or makes the resulting death inevitable.
Deadly Weapons Doctrine
An intent to kill can be inferred when the D intentionally uses any instrument that, judging from its manner of use, is calculated to produce death or serious bodily injury.
Murder
The unlawful killing of a living person with malice.
Malice (4 distinct mental states)
There are 4 distinct mental states sufficient to meet the malice standard including:
- intent to kill
- intent to inflict serious bodily injury
- depraved heart or extreme recklessness
- felony murder
Types of CL Murder
Includes:
- Intent-to-kill murder
- Intent-to-cause-serious-bodily-injury murder
- Depraved-heart murder
- Felony murder
Intent-to-Kill Murder
When a person, without legal justification or excuse, intentionally causes the death of another human being. As its name suggest, the mens rea is “intent to kill”
Intent-to-Cause-Serious Bodily-Injury Murder
An unintentional killing proximately resulting from an act intended to cause great bodily injury.
Intent to Inflict Serious Bodily Injury
Conscious desire or substantial certainty that the Ds actions will result in the Vs injury.
Serious Bodily Injury
A significant but nonfatal injury.
Deadly Instruments (Intent to Inflict Serious Bodily Injury)
The use of any instrument in a way that is likely to cause serious injury allows the trier of fact to infer an intent to inflict serious bodily injury.
Depraved-Heart Murder
When a person engages in extremely reckless conduct that causes another person’s death. Mens Rea is Extreme Recklessness. Constitutes second degree murder.
Extreme Recklessness
Wanton indifference to human life and a conscious disregard of an unusually high risk of death or serious bodily injury.
Felony Murder
When a person intends to commit an inherently dangerous felony and, during the commission or attempted commission of this felony, proximately caused another person’s death. Constitutes first degree murder.
Underlying Felonies (Charges and Convictions)
The D does not have to be charged or convicted of the underlying felony for the felony murder to apply (but it cannot apply if there is an acquittal of the felony).
Inherently Dangerous Felonies
Are often determined by a jurisdiction’s criminal code but generally include the BARRK offenses (burglary, arson, robbery, rape, and kidnapping). An exception is burglary with intent to commit murder because it is not an independent felony.
Independent Felonies for Felony Murder (Collateral Felony Test)
The majority of states require the killing to be collateral (independent) to the felony. If the primary purpose of the felony is to cause serious physical harm, the felony is not independent and fails the collateral felony test (manslaughter, aggravated battery, aggravated assault, and mayhem).
Proximate Causation for Felony Murder
(Right connection to felony)- the resulting death must be a foreseeable outcome of the Ds felony.
(Right time)- the death must be the result of injuries inflicted during the commission, attempt, or immediate flight from a felony.
Agency Theory: Modern Majority Rule v. CL
- Modern Rule- limits felony murder responsibility to a killing committed by a co-felon. Exempts felony murder responsibility for killings committed by non-felons against co-felons. Although the majority of jurisdictions that use this rule allow liability when non-felon kills another non-felon.
- CL- felony murder responsibility attaches to all felons for any homicide committed during a felony. Only requires that the killing be proximately caused by the commission of the felony.
Exceptions to Felony Murder
- Non-violent felon exception
- Deserving victim exception
- Redline determination
Non-Violent Felon Exception
A minority CL rule. A co-felon is exempt from felony murder responsibility if they are not armed and did not participate/have knowledge of the other co-felons’ intent.
Deserving Victim Exception
A minority CL rule. A co-felon is exempt from felony murder responsibility when anyone kills another co-felon.
Redline Limitation for Felony Murder
Deaths caused by a non-felon can be the basis of a felony murder conviction if the killing was not justifiable or excusable (followed in a minority of jurisdictions).
When does the Felony Begin for Felony Murder?
For purposes of felony murder, the felony starts when a person could be convicted of attempting the underlying felony.
When Does a Felony End for Felony Murder?
The felony or attempted felony continues even while the felon is in immediate flight from the scene of the felony but ends when the D has reached a place of temporary safety.
Murder By Degrees
Includes First-Degree Murder and Second-Degree Murder
First Degree Murder
Includes intent-to-kill murder committed with premeditation and deliberation and, in most jurisdictions, felony murder.
Premeditation
A fully formed conscious desire or purpose to kill. No specific time period is required (can be seconds).
Deliberation
The D must make a deliberate choice to kill, which requires rational thought. Voluntary intoxication or diminished capacity may prevent deliberation.
Intoxication’s Impact on Premeditation and Deliberation
If the D was voluntarily intoxicated, but still sober enough to form the intent to kill - the D may be able to avoid liability for first-degree murder by proof that the intoxication precluded premeditation or deliberation.
BARRK Offenses in the Context of Premeditation
In the absence of instructions to the contrary, assume that the BARRK offenses support a first-degree murder charge for felony murder. Any other inherently dangerous felony leads to second-degree murder for felony murder.
Second-Degree Murder
Any murder that does not count as first degree murder including:
- Intent-to-kill murders that lack premeditation and deliberation (spur of the moment killings)
- Intent-to-inflict-serious-bodily-harm murder
- Depraved-Heart Murder
Manslaughter
Unlawful killings of another person that are accomplished in the absence of malice. Includes voluntary and involuntary manslaughter.
Voluntary Manslaughter
When one, without justification, intentionally causes the death of another human but mitigating circumstances negates a finding of malice.
Circumstances that Might Justify Reduction to Manslaughter
Include:
- Adequate provocation
- Mitigating Circumstances
Adequate Provocation
Requires:
- Circumstances, when considered obj., that would cause a reasonable person to lose self-control.
- A causal connection between the legally adequate grounds for provocation and the provocation subj. experienced by the killer.
Cooling Off Period
In order for something to be considered adequate provocation, the time period must not be long enough for the killer or an obj. reasonable person to have cooled off.
Common Circumstances Where Adequate Provocation Is Found
- Killings that immediately follow the discovery of one’s spouse engaged in adultery.
- Killings that immediately follow a serious battery against D.
- Mere words are insufficient.
Mitigating Circumstances
Can strip malice from intent to kill (reducing murder to manslaughter). Includes diminished mental capacity (minority jurisdictions) and imperfect self-defense (many states)
Imperfect Self Defense that Warrants Voluntary Manslaughter
Is when:
- The D killed in self-defense but did so after having started the altercation, or
- The D killed in self-defense but did so after the initial aggressor had withdrawn from the attack, or
- The D killed in the honest but unreasonable belief that serious harm was imminent and deadly force was necessary.
Diminished Mental Capacity in the Context of Voluntary Manslaughter
A minority of states allow diminished mental capacity short of insanity to reduce murder to manslaughter.
Involuntary Manslaughter
The unintentional killing without malice aforethought that is the result of criminal negligence or recklessness.
Criminal Negligence
- When one creates a substantial risk of death and displays a gross deviation from standard of care that a reasonable person would have exhibited in similar circumstances.
- Some states also require that a D be aware that conduct creates a substantial risk of death.
Misdemeanor-Manslaughter Rule (Unlawful Act Manslaughter)
States that a person commits involuntary manslaughter when:
- They intended to commit an unlawful act other than an inherently dangerous felony and
- The commission of this unlawful act proximately causes another person’s death.
Misdemeanor-Manslaughter Rule for Malum in se Crimes
The rule applies even if the misdemeanor is not independent of the homicide or cause of death (e.g. domestic battery)
Misdemeanor-Manslaughter Rule for Malum Prohibitum Crimes
The rule applies only if the unintentional killing was a foreseeable consequence of the unlawful conduct or the consequence of the D’s criminal or gross negligence.
