1. Criminal Law for the Criminal Justice Professional Norman M. Garland Third Edition Copyright © 2012 The McGraw-Hill Companies, Inc. All Rights Reserved. C H A P T E R 8 McGraw-Hill/Irwin

2. Slide 8-2 8.1Homicide 8.2Elements of Criminal Homicide 8.3Types and Degrees of Criminal Homicide 8.4Murder 8.5Manslaughter C H A P T E R 8 Criminal Homicide

3. Slide 8-3 CHAPTER OBJECTIVES 1. Distinguish between homicide and criminal homicide. 2. List the rules defining when life begins and ends for criminal homicide. 3. List the essential elements of murder. 4. Explain the felony murder rule.

4. Slide 8-4 CHAPTER OBJECTIVES 5. Distinguish between first-degree and second-degree murder. 6. Describe the Model Penal Code’s definition of murder. 7. Explain the difference between justification and excuse defenses. 8. Describe the differences in voluntary manslaughter, involuntary manslaughter, and murder. continued

5. Slide 8-5 8.1 Homicide The killing of one human being by another. homicidecriminal homicide Any act that causes the death of another person with criminal intent and without lawful justification or excuse. malice aforethought Under modern law, any one of four mental states that reveal the intent to (1) kill, (2) inflict grievous bodily injury, (3) show extreme reckless disregard for human life, or (4) commit a felony that results in another’s death.

6. Slide 8-6 The Beginning of Life Feticide and Criminal Abortions – Definition of human being not always limited to a child born alive born-alive rule The common law rule defining the beginning of life, for purposes of criminal homicide, as the birth of a live child.

7. Slide 8-7 The Beginning of Life Feticide and Criminal Abortions (continued) – Four types of fetal homicide Viability, when fetus is developed enough to survive outside the womb Quickening, or first movement Seven to eight weeks after conception Conception The unlawful killing of a fetus. feticide

8. Slide 8-8 The Beginning of Life Infanticide – In cases involving the death of newborns, officials always question to determine if: Child was born alive and physically separated from the mother’s womb Child showed independent respiration and heartbeat at the time of death – All states consider killing a newborn child, known as an infanticide, a homicide

9. Slide 8-9 The End of Life To consider an act a homicide, defendant’s conduct must cause the death of somebody who was alive at time of act – 32 states adopted Uniform Determination of Death Act Irreversible cessation of circulatory and respiratory functions Irreversible cessation of all functions of the brain, including the brain stem

10. Slide 8-10 The Right to Die Individual rights to privacy and autonomy expand, and question arises whether individuals have right to end their lives – Assisted suicide – the act of aiding or abetting another to commit suicide – is criminal by statute in 39 states – Distinction between euthanasia and physician-assisted suicide People v. Cleaves

11. Slide 8-11 Application Case – 8.1Keeler v. Superior Court

12. Slide 8-12 Figure 8.1: Definition of Person for Purposes of Homicide, by State

13. Slide 8-13 8.2 Elements of Criminal Homicide Five basic elements: 1.An act or omission 2.That causes the 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.

14. Slide 8-14 Corpus Delicti Requirement Prosecution cannot use defendant’s statements or confession alone to prove that a crime has been committed There must be proof that victim died as a result of accused person’s criminal act The required proof that a crime has been committed. In homicide cases, this usually means the corpse of the victim. corpus delicti

15. Slide 8-15 Actus Reus Act producing death must be voluntary Knowingly driving while sleepy Knowingly drinking to the point of passing out Disregarding advice from doctors by driving or operating dangerous equipment knowing that one is subject to heart failure or epilepsy Driving or operating dangerous equipment while on a psychoactive substance – Also can be criminally liable for failure to act

16. Slide 8-16 Mens Rea Mens rea distinguishes murder from lesser forms of criminal homicide – Difficult to establish: 1.Determination is made at some later point 2.Defendant’s state of mind can only be established by circumstantial evidence The killing of another with the mental element of malice aforethought. murdermanslaughter The killing of another without the mental element of malice aforethought.

17. Slide 8-17 Mens Rea Model Penal Code – Mental states specified designed to be more concise and understandable than vague common law term “malice” Criminal homicide: murder, manslaughter, and negligent homicide – Also if person purposely caused a suicide Aiding or soliciting suicide punishable as an independent second-degree felony if one’s conduct causes a suicide or suicide attempt

18. Slide 8-18 Mens Rea Inference of Mens Rea from Circumstantial Evidence – Prosecutor must introduce evidence of circumstances surrounding the death Act of pointing a gun and shooting someone dead is evidence of an intent to kill – Reason why a particular defendant killed a particular victim is useful to prosecution

19. Slide 8-19 Causation For defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at time of the defendant’s actions Year-and-a-Day Rule year-and-a-day rule The causation rule that requires that, in order to classify a killing as a homicide, the victim must die within a year and a day after the act causing death occurred.

20. Slide 8-20 Causation The “But-For” Test and Multiple Causes – “but for” actions of defendant, the victim would not be dead – Intervening acts raised special concerns courts determined that such complications as medical malpractice and intervening criminal acts of others are foreseeable consequences Causation may become a critical issue when actus reus of the criminal homicide is an omission Any individual characteristic that contributes to the victim’s death also important

21. Slide 8-21 Causation The “Substantial Factor” Test – If two or more forces sufficient to cause death occur simultaneously, “but-for” test of causation fails – If medical examination establishes that each of three shooter’s conduct was a “substantial factor” in bringing about the victim’s death, each may be held liable for causing the victim’s death

22. Slide 8-22 Without Lawful Justification or Excuse Justification means actor had right or privilege to engage in conduct that otherwise would have been criminal – Lethal force justified in defense of human life, but not for sole purpose of protecting property – When death occurs under circumstances that the law recognizes as lacking moral culpability, defendant may have a legal excuse

23. Slide 8-23 Application Case – 8.2People v. Kimes and Kimes – 8.3People v. Newton – 8.4Kibbe v. Henderson

24. Slide 8-24 Figure 8.2: Current Status of the Year-and-a-Day Rule, by State

25. Slide 8-25 8.3 Types and Degrees of Criminal Homicide Unless there are circumstances that excuse the killing, all killings with malice are murder, and all killings without malice are manslaughter – Murder – Voluntary manslaughter – Involuntary manslaughter

26. Slide 8-26 8.4 Murder Requires elements of criminal homicides: – Actus reus – Mens rea – Causation – Death of the victim – Lack of lawful justification or excuse Death due to recklessness also murder – Mens rea for murder is present if accused causes death while committing a felony

27. Slide 8-27 Malice Aforethought 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. malice

28. Slide 8-28 Malice Aforethought The Felony Murder Rule 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.

29. Slide 8-29 Malice Aforethought The Felony Murder Rule – Potential victims of felony murder: Intended victim Innocent bystanders Law enforcement officers Persons attempting to rescue victim All co-felons inherently dangerous felonies Felonies involving conduct that is inherently dangerous to human life, such as rape, arson, and armed robbery.

30. Slide 8-30 The Felony Murder Rule Reckless Disregard for the Value of Human Life – Prosecution for murder can be pursued for reckless indifference to value of human life Includes drag racing on public streets and games of Russian roulette

31. Slide 8-31 The Division of Murder into Degrees Pennsylvania 1 st degree murder – Willful, deliberate, and premeditated killings – Killings perpetrated in one of a number of specific ways – Killings that occur during perpetration or attempt of enumerated felony capital murder A charge of murder with the maximum punishment of death, often called murder in the first degree.

32. Slide 8-32 The Division of Murder into Degrees California 1 st degree murder – Planning activity prior to the killing – Evidence of a motive – Manner of killing “so particular and exacting that defendant must have intentionally killed according to a ‘preconceived design.’”

33. Slide 8-33 The Division of Murder into Degrees Elevation to First-Degree Murder – Second-degree murder can be elevated to first-degree murder by premeditation and deliberation – Suggested jurors evaluate prior calculation and design Degrees of Murder under MPC – “Murder is a felony of the first degree” – Specifies circumstances person convicted of murder may be sentenced to death

34. Slide 8-34 Defenses to Murder Standard of proof is usually preponderance of evidence, which is considerably lower than beyond a reasonable doubt

35. Slide 8-35 Application Case – 8.5People v. Stamp – 8.6Taylor v. Superior Court – 8.7People v. Anderson – 8.8State v. Gounagias People v. Berry – 8.9Law v. State

36. Slide 8-36 Figure 8.3: The Five Possible Mental States That Comprise Malice Aforethought

37. Slide 8-37 8.5 Manslaughter Person is guilty of voluntary manslaughter if accused had intent to kill or to cause great bodily harm, under provocation, mistaken justification, and/or diminished mental capacity voluntary manslaughter An intentional, unlawful killing of a human being without malice aforethought.

38. Slide 8-38 Voluntary Manslaughter Provocation 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. The reduction, or lessening, of a penalty or punishment imposed by law. mitigation

39. Slide 8-39 Imperfect self-defense A partial 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. Voluntary Manslaughter Mistaken Justification (Imperfect Self-Defense) Diminished Mental Capacity

40. Slide 8-40 Involuntary Manslaughter Involuntary 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. Commonwealth v. Welansky Commonwealth v. Malone

41. Slide 8-41 Involuntary Manslaughter 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 under the influence of alcohol or other drugs.

42. Slide 8-42 Application Case – 8.10Montana v. Egelhoff