Crimes against the Person: Homicide Flashcards
In general, what are the various categories of homicide?
- Common Law Criminal Homicides
(i) common law murder
(ii) voluntary manslaughter
(iii) involuntary manslaughter - Statutory Modification of Common Law Homicides (degrees)
(i) first degree
(ii) second degree - Felony Murder
What are the three common law homicide categories?
- common law murder
- voluntary manslaughter
- involuntary manslaughter
What are the elements of common law murder?
- unlawful killing of a human being;
2. with MALICE AFORETHOUGHT
With regards to common law murder, when does “malice aforethought” exist?
- intent to KILL
- intent to INFLICT GREAT BODILY INJURY
- RECKLESS indifference to UNJUSTIFIABLY HIGH risk to human life (“abandoned and malignant heart”)
- intent to commit a FELONY (felony murder)
NOTE –> intentional use of DEADLY WEAPON allows permissive inference of intent to kill
Under common law, what is “voluntary manslaughter”?
“voluntary manslaughter” is a killing that would be murder BUT FOR the existence of “adequate provocation”
With regards to common law “voluntary manslaughter” - when is there adequate provocation?
There is adequate provocation ONLY IF:
- there was a provocation that would arouse SUDDEN AND INTENSE passion in the mind of an ordinary person, causing him to LOSE self control; AND
- D was IN FACT provoked; AND
- there was NOT SUFFICIENT TIME btwn provocation and killing for reasonable person to cool off; AND
- D did NOT in fact cool off btwn provocation and killing
EXAMPLE –> exposure to threat of deadly force, finding spouse in bed with another
What is the “imperfect self-defense” doctrine?
In some states there is an “imperfect self-defense” doctrine where murder may be reduced to manslaughter IF:
- D was at fault in starting the altercation; OR
- D unreasonably but honestly believed in necessity of responding w deadly force (ie..his actions don’t qualify for self-defense)
What is “involuntary manslaughter”?
A killing is involuntary manslaughter IF its committed with:
- criminal negligence (or, under MPC, recklessness);
- or, in some states, during the commission of an UNLAWFUL act (misdemeanor or felony not included within felony murder)
NOTE –> foreseeability of death may also be a requirement
Where murder is divided by statute in degrees, what is the general rule?
In general –> a murder will be a 2nd degree murder (similar to common law murder) unless it fits into one of the following categories (which are 1st degree):
- deliberated and premeditated
- D had moment to reflect, even if for just a moment - 1st degree felony murder
- Other (some states making killing in certain ways 1st degree)
What is “felony murder”?
Any death caused in the COMMISSION OF, or in an ATTEMPT to commit a felony is felony murder
BUT SEE: limitations on felony murder
What felonies are included in felony murder?
At common law –> only some - burglary, arson, rape, sodomy
NOW –> states add more felonies
What are the limitations on liability for felony murder (6)?
- D must have COMMITTED or ATTEMPTED to commit underlying felony
RESULT –> defense that negates element of underlying offense will also negate felony murder - Felony must be DISTINCT from killing itself
EXAMPLE –> commission of aggravated battery that causes victim’s death does NOT qualify as an underlying felony for felony murder - Death must be FORESEEABLE result of felony
NOTE –> minority of courts only require that felony be malum in se - Death must have been caused BEFORE defendant’s “IMMEDIATE FLIGHT” from felony ended
RESULT —> once felon has reached place of “temporary safety” any subsequent deaths are not felony miurder - in MOST jdxns –> D is not liable for felony murder when CO-FELON is killed as a result of resistance from felony victim or police
- SEE also limitation “proximate cause theory” versus “agency theory”
NOTE –> there are similar limitations on misdemeanor manslaughter.
Generally –> misdemeanor must be “malum in se”, or if it is not, death must be foreseeable
With regards to felony murder, are felons liable for deaths of innocent victims caused by someone OTHER than a co-felon?
Under “proximate cause” theory –> felons ARE liable for deaths of innocent victims caused by someone other than a co-felon
EXAMPLE –> if innocent bystander killed by police during shootout, there IS a felony murder
Under “agency theory of felony murder” –> killing must be committed by a felon or his agent, with limited exceptions in cases in which victim was used as a shield or otherwise forced by felon to occupy a dangerous place
EXAMPLE –> in same scenario as above, there IS no felony murder bc a police officer caused the bystander’s death
