NY Homicide Flashcards
Define murder
Causing the death of another person with malice aforethought
Watch four mental states are sufficient for malice aforethought?
- The intent to kill someone
- The intent to serious bodily harm
- Extreme recklessness (reckless indifference to human life)
- Intent to commit an inherently dangerous felony
Special rules for intent to kill murder: 1 deadly weapon rule?
2. Transferred intent?
- The use of a deadly weapon creates the inference of intent to kill
- The intent to murder transfers to the unintended victim.
New York limits its felony murder felonies to BRAKES crimes
- burglary
- robbery
- arson
- kidnapping
- escape
- sexual assault
Must the felony be independent of the killing? For example, could you be guilty of the felony battery and also of felony murder?
The felony in the murder have to be separate offenses. If the felony is the cause of the murder directly (assault, battery), then there are not separate charges for the felony in the murder. There is only a charge for the murder.
Can you be convicted of felony murder for the death of your co-felon?
No, co-felons are not protected
What is the agency theory of felony murder?
Where you cannot be convicted of felony murder unless you or one of the co-felons commits the murder.
Under New York law, can you be convicted of felony murder even if the underlying felonies dismissed for the defendant is acquitted?
Yes, you can be convicted, even without the underlying felony.
In New York, there is a non-slayer AFFIRMATIVE DEFENSE to felony murder. Requires the defendant to prove these 4 things:
- D didn’t kill V
- D didn’t have deadly weapon
- D had no reason to believe co-felons had deadly weapons
- D didn’t have reason to believe co-felons would do something deadly
1st degree murder reqs 2 things
- premeditation (planned)
2. deliberation (cool, calm, collected)
under NY law, 1st degree murder has
- intent to kill
- D over 18
- 1+ aggravating factor (kill cop, murder for hire, felony murder w/ intentional kill, witness intimidation killing, killed more than 1 person)
under NY law, 2nd degree murder
all murder that’s not 1st degree OR DEPRAVED INDIFFERENCE MURDER or felony murder (unintentional)
is premeditation and deliberation relevant to NY murder?
no
voluntary manslaughter at common law
voluntary murder IN HEAT OF PASSION upon ADEQUATE PROVOCATION
Adequate provocation for voluntary manslaughter - 3 reqs
- objectively adequate to arouse reasonable person (serious assault/battery and presently witnessed adultery)
- subjectively actually provoked D
- didn’t have time to cool off and didn’t actually cool off
EED manslaughter in NY: prosecutor charges murder 2, and….?
an intentional killing committed under EXTREME EMOTIONAL DISTRUBANCE = affirmative defense to 2nd degree murder
involuntary manslaughter def: 2 defs at common law
- killing with CRIMINAL NEGLIGENCE - GROSS DEVIATION from reasonable level of care (crim > tort)
- killing during crime that’s not felony murder
manslaughter by degree in NY: #1. 2 forms of 1st degree manslaughter, #2. 1 form of 2nd degree manslaughter, and #3. 1 addl homicide type
- 1st degree in 2 forms: EED manslaughter or intent to cause serious phys inj
- 2nd degree: reckless killing
- criminally negligent homicide - D should’ve been aware of risk
Under New York law, what circumstances typically constitute aggravated form of homicide and regularly show up on the bar exam?
When the victim is a police officer and killed in the line of duty, add the word aggravated before the crime (aggravated man-1, aggravated man-2, etc.)
When D over 18 causes death of kid under 14 in ________ and _______ manner, that’s aggravated murder
ESPECIALLY CRUEL AND WANTON MANNER
3 crimes of intentional homicide in NY?
- murder-1 (intent to kill + aggravating factor)
- murder-2 (intent to kill)
- manslaughter 1 (intent to cause serious phys injury OR intent to kill + EED)
3 unintentional homicides in NY?
- Murder-2 (depraved indifference)
- Manslaughter (recklessness
- Crim negl homicide (criminal negl)
2 types of felony murder in NY:
- Murder-1 = intentional killing
2. murder-2 = accidental killing
Define intentional murder’s 2 elements?
- A person with the intent to cause the death of another
2. Causes the death of such person or of a 3rd party (transferred intent)
What are 2 affirmative defenses to intentional murder?
- extreme emotional disturbance
2. aiding a suicide
Can you be accused of attempt of depraved indifference murder?
No, no intent is involved in depraved indifference murder.
Define the elements of highly reckless murder? 2 elements
- Depraved indifference to human life
- Recklessly creates a grave risk of death
and causes death
What type of murder is torture over a prolonged period the results of which is unexpectedly fatal?
Depraved indifference murder
What is the definition of first-degree murder under New York law?
Intentional murder with special circumstances
What are the special circumstances that cause an intentional murder to be first-degree murder under New York law? Name for such circumstances
- Victim was a police officer or court official engaged in his official duties and the defendant knew or should have known
- Defendant committed murder for hire
- The victim was intentionally killed during any of the BRAKES felonies
- Defendant intentionally killed more than one person as part of the same criminal transaction
What degree of murder is depraved indifference murder, under New York law?
2nd degree.
What are the 3 forms of second-degree murder in New York?
- Depraved indifference murder
- Any intentional murder without a special circumstance
- Felony murder that is not a BRAKES felony
Under New York law, can you be convicted of felony murder without being convicted of the underlying felony?
Yes. Even if the defendant is acquitted or the charge is not submitted to the jury
Under the common law, the death must occur within “year and a day” of the crime. Does New York follow this time limitation?
New York has no time limitation on the death following the crime for purposes of causation.
Under New York law, what are the 2 types of first-degree manslaughter?
- Intentionally causing SERIOUS BODILY HARM the results in death
- EXTREME EMOTIONAL DISTURBANCE (this is an affirmative defense).
Under New York law what are 2 types of 2nd degree manslaughter?
- Recklessness: conscious disregard of a substantial risk, causing death of another. INTOXICATION IS NOT A DEFENSE.
- Aiding in suicide
If you kill someone while driving drunk what is the name of this crime?
Vehicular homicide
