1. Chapter 11 Homicide

2. Types of Criminal Homicide
Justifiable homicide
Excusable homicide
Murder
Manslaughter

3. Criminal Homicide Issues
Malice aforethought is commonly defined as an intent to kill with an ill will or hatred.
Malice aforethought divided into four different mental states:
Intent to kill or murder
Knowingly
Depraved heart murder
Felony murder

4. Criminal Homicide Issues (cont.)
Individuals who have a deliberate intent to kill possess express malice.
Implied malice exists when an individual possesses an intent to cause great bodily harm or the intent to commit an act that may be expected to lead to death/great bodily harm.

5. Criminal Homicide Issues (cont.)
First-degree murder is the most serious form of murder & the prosecutor has the burden of establishing premeditation & deliberation.
Second-degree murder includes all murders not involving premeditation & deliberation.
Voluntary manslaughter is committed without malice in the heat of passion upon adequate provocation.
Involuntary manslaughter is committed without malice as a result of conduct that was insufficiently reckless or negligent.

6. Criminal Homicide: Actus Reus
The “unlawful killing of a human being” or “causing the death of another person.”

8. The Beginning of Human Life
Common law rule: defendants were not liable for the murder of a child in a mother’s womb unless the child was born alive with the capacity for an independent existence.
Majority of states favor imposing criminal liability when the prosecution is able to establish beyond a reasonable doubt that the fetus was viable; capable of living separate & apart from the mother.
The MPC maintains the common law “born alive” rule.
People v. Davis (1994)

9. 11.1. You Decide: Unborn Victims
Do you agree with the Unborn Victims of Violence Act passed in 2004? Why or why not?
If you agree, should it be applied to the terrorists of the World Trade Center attack responsible for killing the unborn children of pregnant women working in the building on September 11, 2001?
What about applying this law in situations in which an individual kills a woman without knowing she is pregnant, as expressed in the Act? Do you agree or disagree with this provision & why?

10. 11.2. You Decide: Kur
Did Kur have the right to kill her boyfriend who punched her in the stomach & advanced towards her after she warned him not to hit her since she was pregnant with their babies? Why or why not?
Do you think this is a case of self-defense or defense of others or both? Why or why not?
Would you convict Kur of the homicide of her boyfriend? If so, on what charge?

11. The End of Human Life
Traditional definition: the total stoppage of the circulation of the blood & the cessation of vital functions.
Majority of state legislatures & courts have adopted a brain death test for death.
The year-and-a-day rule provides that an individual only is liable for a death that occurs within one year of his/her criminal act (common law standard still followed in several states).

12. Criminal Homicide: Mens Rea
Encompasses all mental states discussed in chapter four.
Two forms of criminal homicide, felony murder & misdemeanor manslaughter require no criminal intent (strict liability offenses).
The grading of (assignment of degrees to) homicide is based on the defendant’s criminal intent—the higher the level of criminal intent the more serious the degree of homicide.

13. Types of Murder First-degree murder
Capital & aggravated first-degree murder
Second-degree murder
Depraved heart murder
Felony murder
Corporate murder

14. First-degree Murder
Most serious form of homicide & can result in the death penalty in 38 states.
The mens rea requires deliberation, premeditation, & malice.
Various debates over what satisfies the deliberation & premeditation elements (how much planning or time is sufficient).
State v. Forrest (1987)

16. 11.3. You Decide: Townsend
According to the law & the interpretations of the Washington State Supreme Court, would you find Townsend guilty of deliberate & premeditated murder? Provide support for your opinion.

17. Capital & Aggravated First-degree Murder
Punishable by the death penalty or life imprisonment.
Capital/aggravated designations typically reserved for premeditated killings committed with the presence of various aggravating factors or special circumstances.

18. Capital & Aggravated First-degree Murder (cont.)
Aggravating circumstances typically include:
Victim
Offender
Criminal act
Felony murder
Owen v. State (2003)

19. 11.4. You Decide: Lynch
Do you think that Lynch killed Leah in a heinous, atrocious, or cruel manner? If so, why? If not, why not?
What about Roseanna? Was she killed in a cold, calculated, & premeditated manner?
Provide evidence from the law & the circumstances surrounding the case to support your opinions.

20. Second-degree Murder
Second-degree murder statutes typically punish intentional killings committed with malice aforethought that are not premeditated, justified, or excused.
Midgett v. State (1987)

22. 11.5. You Decide: Taylor
Would you hold Taylor criminally liable for the first-degree murder of Fansler & the second-degree murder of the fetus? If so, why? If not, would you hold him liable for some other criminal charge…what?
Do you think Taylor would be legally liable (to the same extent) in the event that a stray bullet killed one of Fansler’s two sons? Or, how might this situation differ from the one presented?

23. Depraved Heart Murder
Depraved heart murders occur when an individual kills another as a result of the “deliberate perpetration of a knowingly dangerous act with reckless & wanton unconcern & indifference as to whether anyone is harmed or not.”
This type of murder requires:
Conduct (high degree of risk/dangerousness)
Intent (defendant/reasonable person aware of risk)
Danger (one or more persons placed in danger)
State v. Davidson (1999)

25. 11.6. You Decide: Berry
Would you convict Berry of killing with an abandoned & malignant heart? Why or why not?
How do you think a California judge or jury might rule in this case?

26. Felony Murder
The felony murder rule provides that any homicide that occurs during the commission of a felony or attempt to commit a felony is murder.
Does not matter whether the killing is committed with deliberation & premeditation, intentionally, recklessly, or negligently.

27. Felony Murder (cont.) Four reasons for the felony murder rule:
Deterrence
Protection of life
Punishment
Prosecution
Some judges have limited the application of felony murder to “inherently dangerous felonies.”

28. Felony Murder (cont.)
Complications arise when a nonfelon (police officer or victim) kills one of the felons or a bystander.
The agency theory of felony murder limits criminal liability to the acts of felons & co-felons.
The proximate cause theory of felony murder holds felons responsible for foreseeable deaths that are caused by the commission of a dangerous felony.
People v. Lowery (1997)

30. 11.7. You Decide: Malaske
Do you think that providing alcohol to the defendant’s underage sister a felony that is dangerous to human life?
Should felony murder be strictly limited to felonies such as robbery, rape, arson, burglary, & kidnapping? Why or why not?
How did the defendant’s act cause the death of his sister’s young friend?
Do you agree with the majority decision or with the dissent that the “imposition of liability for unintended deaths erodes the relationship between criminal liability & moral culpability?” Why?

31. Corporate Murder
A corporation may be held liable for corporate murder in those cases that conduct is performed or approved by corporate managers or officials.
This extension of liability is based on interpretation of the term “person” in homicide statutes to encompass both natural persons & corporate entities.
Punishment for corporate murder is a fine.
State v. Richard Knutson, Inc. (1995)

32. 11.8. You Decide: Cornellier
Do you think Cornellier can be held criminally liable for a failure to act to correct the safety hazards at his fireworks manufacturing plant? If so, do you think he should be? Why or why not?

33. 11.9. You Decide: Imperial & Roe
Should Roe have been criminally prosecuted? If so, should he have been convicted & given the sentence he received? Why or why not?
Do you think that charges should have been brought against Imperial Food? If so, what kinds of charges would be most appropriate in this situation?
Do you think the workers accepted the conditions of their employment as involving danger & a risk of death?

35. Manslaughter
The unlawful killing of another human being without malice aforethought.
Distinction between voluntary & involuntary manslaughter
Some states also distinguish between degrees of manslaughter; some states provide for a single manslaughter offense.

36. Voluntary Manslaughter
The killing of another human being committed in a sudden heat of passion in response to adequate provocation.
Heat of passion is commonly described as anger but can also include fear, jealousy, & panic.
Adequate provocation is defined as conduct that is sufficient to excite an intense passion that causes a reasonable person to lose control.
Sudden heat of passion defense is unavailable if a reasonable person would have experienced a cooling of blood between the provocation & the killing.

37. Voluntary Manslaughter (cont.)
Sudden heat of passion defense is unavailable if a reasonable person would have experienced a cooling of blood between the provocation & the killing.
Hurdles to overcome:
Provocation
Cooling of blood
Girouard v. State (1991)

39. You Decide: Schnopps
Do you agree with Schnopps’ conviction for intentional & premeditated murder? What verdict would you have returned if you were a juror?
What facts surrounding this case do you think most heavily influenced the jury in their decision to convict Schnopps of intentional & premeditated murder as opposed to the manslaughter based on adultery charge that they were also instructed on?
Does this case provide a clear distinction between situations involving deliberate & premeditated murder & murder in the heat of passion?

40. Involuntary Manslaughter
The unintentional killing of another without malice aforethought & typically includes:
Negligent manslaughter
Misdemeanor (unlawful act) manslaughter
Some states also provide for vehicular manslaughter (grossly negligent operation of an automobile or from DUI that results in the killing of another)

41. Negligent Manslaughter
Negligent manslaughter arises when an individual commits an act that he/she is unaware creates a high degree of risk of human injury or death under circumstances in which a reasonable person would have been aware of the threat.
Some courts require recklessness; others do not specify.
Commonwealth v. Walker (2004)

42. Misdemeanor Manslaughter
Misdemeanor (unlawful act) manslaughter is the unintentional killing of another individual that during the commission of an “unlawful act not amounting to a felony.”
Some states extend this to non-violent felonies that do not trigger the felony murder rule as well as acts that are not criminal but are considered “unlawful.”
“Unlawful” is broadly interpreted to include “bad” or “immoral” conduct.
State v. Pray (1977)

44. Key Issues Types of criminal homicide
Mental states/types of malice aforethought
Actus reus of homicide
Beginning & end of human life

45. Key Issues (cont.) Murder First-degree murder
Capital & aggravated first-degree murder
Second-degree murder
Depraved heart murder
Felony murder
Corporate murder

46. Key Issues (cont.) Manslaughter Voluntary manslaughter
Involuntary manslaughter
Negligent manslaughter
Misdemeanor manslaughter
Vehicular manslaughter