Homicide
*killing of one person by another person
*the killing of one human being by another human being
2 types of homicide
*noncriminal homicide
*criminal homicide
Noncriminal homicides
*justifiable homicide - no fault homicides; involves death of someone under the circumstances of necessity, or duty, when one is commended or authorized by law to kill someone (self-defense, capital punishment, police shootings)
*excusable homicide - all
Criminal homicide
any act that causes the death of another person with criminal intent and without lawful justification or excuse
Criminal homicide
*murder
*manslaughter
*negligence homicide (in some states)
An essential element distinguishing murder from the two types of manslaughter is malice aforethought
True
Malice aforethough
under modern law, any of four mental states that reveal the intent to 1. kill, 2. inflict grievous bodily injury, 3. show extreme reckless disregard for human life, 4. commit a felony that results in another`s death.
Borderline requirements is determining when life ends
in order to kill a person one must have a person, alive human being
At common law, an unborn child could not be the subject or victim of criminal homicide, Neither a fetus in utero, not a stillborn child
True
Born alive rule
the common law rule defining the beginning of life, for purposes of criminal homicide, as the birth of live child.
Modern statues allow prosecution for the death of fetuses generally include four types of fetal homicide
1. viability - when fetus is developed enough to survive outside of womb (5-6 months after conception)
2. quickening-first movement of a fetus (4-5 months after conception)
3. 7-8 weeks after conception, when an embryo becomes fetus
4. conception.
The question of life most frequently arises in cases involving human fetus
unless the definition of a human being is changed to include a human fetus , fetus must have been brought force and established a full circulation for it to be considered human being. (has been a rule since common law time)
*in some cases requires cord to
In order to overcome this burden many states have created fetusized statue allow a prosecution of someone who kills a fetus
True.
Feticide
the unlawful killing of a fetus
All states consider the killing of a newborn child, known as infanticide a homicide.
True.
when does life ends?
*at common law one was considered dead if there is no detectable heart beat or respiration
*today brain death is a key factor
Suicide
*at common law was a felony, and was punished by forfeiture, or legal seizure by the government of the deceased property
*under modern American law, suicide nor attempted suicide is not a crime.
*assisted suicide - criminal by statue in 39 states, and sti
Murder
is the most serious form of criminal homicide
*most states have 3 categories of murder: capital, first degree murder and second degree murder.
*the killing of another with the mental element of malice aforethought (under common law)
Elements of criminal homicide
1. an act or omission
2. that causes death
3. of another human being
4. with criminally culpable mens rea
5. without lawful justification or excuse.
Premeditation and deliberation
the mental state that raises second-degree murder to first degree murder in jurisdictions that classify murder into two or more levels. It implies a cold-blooded killing.
Corpus delicti
the required proof that a crime has been committed, In homicide cases, this usually means the corpse of the victim.
Corpus delicti reuirements
1. the prosecution cannot use the defendant`s statement or confessions alone to prove that a crime has been committed
2. there must be a proof that the victim dies as a result of the accused person`s criminal act.
*but there are occasional exception to th
Mens rea distinguishes murder from lesser forms of criminal homicide
True.
Under MPC a person is guilty of criminal homicide is
he or she purposely, knowingly, recklessly or negligently causes the death of another human being.
Typical criminal homicide motives include
revenge
jealousy
financial gain
concealment of damaging information
In order for a defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at the time of the defendant`s actions
True.
Year and a day rule
the causation rule that requires that, in order to classify a killing as homicide, the victim must die within a year and a day after the act causing the death to occur.
(other states have extended the time to three years and one day)
Second degree murder
*those that are not capital or first degree murders (shooting bullets up in the air, which comes down and kills someone
*depraved heart murders (killings resulting from the intent to do serious bodily harm, killing resulting from the resistance of lawful
But-For test
if the defendant`s conduct shortened the victim`s life even by a minute, the defendant is guilty of criminal homicide. "but for" the actions of the defendant, the victim would not be dead.
depraved heart murders have 2 elements
*defendant must act so is to create a very high risk of death
*defendant must be aware of that risk and disregard it.
2 kinds of manslaughter
*voluntary
*involuntary
Voluntary manslaughter
involves the crime of passion. There is no premeditated deliberation
*the intentional killing of another under this circumstances
*you have an actual and adequate provocation, which occurs in the heat of passion before and adequate cooling off period. or
manslaughter
*consist of act of a person who wasn't thinking , which caused the death of someone.
*the killing of another without the mental element of malice aforethought. (under common law)
Problem arising in determining how long heat of passion lasts
legal question is whether there was a n adequate cooling off period
Involuntary manslaughter
unintentional killing of another person (acts related to public safety, such as operating a vehicle, careless use of firearms, explosives, medicine or animals
Negligent homicide (in some jurisdictions)
causing death by negligence that is less than gross negligence but more than careless and sufficient to sustain civil tort liability
elements of murder
actus reus
mens rea
causation
death of the victim
lack of justification or excuse
Malice
a state of mind connoting an "abandoned and malignant heart". It is not limited to the specific intent to kill, since even a wanton or reckless state of mind may constitute malice.
Common law defines malice aforethought as
1. specific intent to kill another human being
2. the intent to inflict grievous bodily injury or harm upon another
3. the intent to act in a manner that shows extreme reckless disregard for the value of human life
4. the intent to commit a felony that re
Felony murder rule
the rule that when the accused kills in the course of committing a felony, the mens rea for murder is present in the intent to commit the felony, and therefore murder has been committed.
Potential victims of felony murder
*the intended victim of the underlying felony
*innocent bystanders
*law enforcement officers
*non-law enforcement persons attempting to rescue the victim
*all co-felons
Inherently dangerous felonies
felonies involving conduct that is inherently dangerous to human life, such as rape, arson, and armed robbery
Capital murder
a charge of murder with the maximum punishment of death, often called murder in the first degree.
Murder of the first degree is committed under the following circumstances
*an intentional killing that is aggravated by premeditation and deliberation
*an intentional killing committed by poison, ambush, or bomb
*a killing occurring during the commission of specifically enumerated or inherently dangerous felonies (felony murder
Voluntary manslaughter
an intentional, unlawful killing of human being without malice aforethought
Mitigation
the reduction, or lessening, of a penalty of punishment imposed by law.
Adequate provocation
when the acts or conduct of the person killed would be sufficient to cause a person of reasonable, ordinary temperament to lose self-control.
Imperfect self-defense
a partial self-defense that reduces a murder charge to voluntary manslaughter, where the claim of self-defense fails because it is not objectively reasonable, but is honestly believed by the accused.
Involuntarily manslaughter
a criminal homicide that encompasses a killing done without intent to kill, and without such indifference to human life as to constitute implied malice, as a result of criminally negligent conduct on the part of the defendant.
Negligent homicide
a criminal homicide committed by a person who has neglected to exercise the degree of care that an ordinary person would have exercised under the same circumstances.
Vehicular manslaughter
a criminal homicide in which the perpetrator caused a death while operating a motor vehicle, either by gross negligence or while the influence of alcohol or other drugs.