Unintentional Homicide Offenses Flashcards
Involuntary Manslaughter - Rule
Causing the death of another human being with criminal negligence
Involuntary Manslaughter - Criminal Negligence
Criminal negligence is a gross deviation of standard of care from a reasonable person
California: Criminal negligence is sufficient to support the mens rea for IM
- People v. Oliver, D took home a guy from a bar and he ended up dying from a drug overdose which she provided a spoon for. D told her kid to move him to the backyard where he dies. Court didn’t overturn criminal negligence.
Minority jurisdictions: ordinary negligence which a reasonably prudent person would have known (doesn’t matter if they knew or were aware or not -> they should’ve been aware)
- State v. Williams: The parents failed to have their daughter’s teeth examined after it became clear that they were rotting. The rotting teeth led to an infection which killed the baby. Ct found reasonably prudent person would’ve taken the baby in to a doctor under the same or similar circumstances.
Reckless Murder - Rule
Causing the death of another human being with (1) high probability of death (2) subjective awareness of the risk and (3) base in anti-social motive (no redeeming social benefit).
*CA: aware of a risk of death
Felony Murder - Rule
If a D (1) directly or through an accomplice (2) commits or attempts to commit a felony (3) that causes the death of another human being (felony causes the death)
Felony Murder - First Degree
Listed in statute, usually BARRK crimes (burglary, arson, robbery, rape, kidnapping)
*People v. Stamp, D was found to be responsible for murder because the felony of robbing the store caused the guy to have a heart attack. (Walk through causation: but for the robbery would he have had a heart attack? Proximate cause of death because no intervening act, a preexisting condition does not cut chain of causation)
Felony Murder - Second Degree
An act that is inherently dangerous to human life. Can be determined through abstract or specific facts of the case to determine if it is inherently dangerous.
CA: uses the typical/abstract standard (so if it’s a pickpocket Ct. would determine that a typical pickpocket is not inherently dangerous)
*People v. Hansen, D shot at a house; Ct. = an inherently dangerous activity
Felony Murder - Duration Rule
Res gestae = the felony ends when felon reaches a point of temporary safety. Any death that happens from time you attempt to commit a crime to the res gestae can qualify for FM
Felony Murder - Agency Rule
To satisfy causation under agency FM rule, the perpetrator/accomplice has to be responsible for death
*People v. Washington, Cannot blame perpetrator or accomplice of death if the death is caused by a third party during the felony. The death has to be caused by the perpetrator/accomplice
Felony Murder - Merger Rule
(*only in FM2) A felony that cannot support a FM charge: (1) involuntary manslaughter (2) voluntary manslaughter (3) assault (4) standards for other felonies that may not be able to support a FM charge (like assaultive in nature for CA)
*People v. Chun: Assaultive in nature = involves the threat of immediate bodily injury (in the abstract do the elements of the charge fall within the standard?). Ct determined that shooting into a car was assaultive in nature -> therefore would MERGE = no FM.
Provocative Act Doctrine
Only in CA: When a defendant, or his accomplice, commits a provocative act and in reasonable response an innocent party kills someone, the defendant is guilty of 2nd degree murder. (Provocative = fraught with grave and inherent danger to human life) (“antidote to the agency rule”)
MPC - Reckless Murder
Reckless, manifesting an extreme indifference to the value of human life. “Presumption” of “reckless with extreme indifference to human life” for deaths during enumerated felonies.
MPC - Involuntary Manslaughter
Reckless (conscious disregard of a substantial and unjustifiable risk that a material element of the offense will occur)
MPC - Killing w/mitigation
killing that otherwise would be murder, except committed under “extreme emotional disturbance for which there is a reasonable explanation”
MPC - Negligent Homicide
Criminal negligence (gross deviation from the standard of care of a reasonable person)
