Murder Cards Flashcards
Murder
Unlawful killing of another human being with malice aforethought
Mens Rea for Murder?
Malice
Four ways to prove malice?
- Purposely
- Knowingly
- Depraved Heart
- Felony Murder
In re Winship
The [state, government, prosecution] bears the burden of proving each and every element beyond a reasonable doubt.
Francis v. Franklin
A judge cannot instruct a jury to presume any element of a crime. (see In re Winship)
First Degree Murder
Premeditated and Deliberate (premeditated is sufficient for DeVeaux’s test)
US v. Watson
First Degree Murder
1) Must be deliberate (cool & dispassionate)
2) Premeditated (turned over in your head)
3) Time between formation of plan and execution of crime can be as brief as a few seconds.
Depraved Heart Murder
Extreme Recklessness – unintended death when one behaves in a manner of extreme recklessness to display indifference to the value of human life.
Examples of Depraved Heart Murder
1) Firing a gun in the direction of a crowd
2) Driving a car on the sidewalk
3) Poisoning a well where people draw water
4) Throwing bricks from a rooftop into a crowd of people below
Mayes v. People
Depraved Heart Murder:
1) Not targeting a particular person, but being extremely reckless and indifferent for her life.
2) An amount of foreseeability in your actions
Commonwealth v. Malone
Depraved Heart Murder: (Playing Russian Roulette)
1) Malice is evidenced where an individual performs an uncalled for act in disregard of its likely harmful effects on another.
2) The harmful result is not intended.
State v. Dufield
Depraved Heart Murder
1) Voluntary intoxication cannot negate recklessness
People v. Suarez
Depraved Heart Murder
1) Put in a perilous position and do not aid them–even if no intent to kill.
2) Engages in torture w/o intent to kill
Felony Murder (Common Law Def.)
A murder that occurs during the course of a felony.
1) At Common law this is a crime of transferred intent.
2) The intent to commit the predicate felony transfers to become the requisite intent of the murder.
Felony Murder (Majority View)
A murder that occurs during the course of a felony.
1) This is a strict liability crime
2) If guilty of committing the predicate crime then no requirement to have intent for the commission of murder.
3) Res ge stae doctrine applies
4) Guiding Purpose: Deterrence
Res ge stae Doctrine
(Start to End) In Felony Murder cases, the death must have been caused somewhere between the beginning of the crime and the end of the crime.
Predicate Felonies for Felony Murder
Burglary, Arson, Robbery, Rape. (Idaho adds other crimes)
Idaho’s predicate felonies for Felony Murder under Idaho Code 18-4003(d)
Arson, burglary, robbery, rape, aggravated battery of a child under 12, kidnapping, mayhem, acts of terrorism, (as defined by the penal code) of the use of weapons of mass destruction, biological weapons or chemical weapons, or a murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.
Malice requirement of Felony Murder
Malice is implied from the intent to commit the underlying felony. (State v. Martin)
State v. Martin
Felony Murder:
1) Death must be a probable consequence (reasonably foreseeable) of the underlying felony
Limits on Felony Murder
State v. Martin: Death can’t be. . .
1) Too remotely related to the underlying felony.
2) Too accidental in nature
3) Too dependent on the voluntary acts of the other person.
People v. Stamp
Felony Murder:
1) Applies foreseeability test
2) A felon is strictly liable for all killings committed by him or his accomplices in the course of a felony.
People v. Hickman
Felony Murder:
1) Liability for perpetrators of felony when police accidentally kill someone.
2) A person whose act causes an innocent death is guilty of murder by virtue of the felony murder rule.
People v. Gladman
Felony Murder:
1) Killing another cannot be underlying felony for purposes of felony murder
2) Res ge stae doctrine: (death must occur during the course of the underlying felony)
Six part test for Res ge stae Doctrine
LIPPCO:
1) Location
2) Interval of time
3) Possession of fruits of the crime
4) Police or citizens were in close pursuit
5) Criminals had reached a place of safety
6) Other factors
People v. Cavitt
Felony Murder:
There must be a causal relationship (logical nexus) between felony and the death.
Merger Doctrine
State v. Shock: If a defendant commits a single act that simultaneously fulfills the definition of two or more separate offenses, the lesser included offenses merge into the greater offense.
State v. Lucas
Collateral felony must be distinct from the homicide.
