1. Fall 2013 Intentional Homicide In New York

2. Murder in the Second Degree Murder in the First Degree Murder of a Police Officer Murder using torture Murder of a Judge Manslaughter in the First Degree Extreme Emotional Disturbance Intentional Homicide in NY

3. Murder in the Second Degree In order for you to consider Murder in the First Degree or Manslaughter in the First Degree, you must FIRST consider Murder in the Second Degree WHY? All the elements of Murder in the Second Degree are also contained in the other offenses. BUT the other offenses have ADDITIONAL elements. THE BASE CRIME

4. Intentional Homicide in NY METHOD ① Read the Statute ② Break into Elements ③ Apply facts to elements

5. A person is guilty of murder in the second degree when with intent to cause the death of another person, he causes the death of such person or of a third person Murder in the Second Degree (Penal Law § 125.25 [1])

6. A person is guilty of murder in the second degree when: with intent to cause the death of another person, he causes the death of such person or of a third person Murder in the Second Degree (Penal Law § 125.25 [1])

7. “or of a third person” TRANSFERRED INTENT “or of a third person” = transferred intent If a person intends to do something to one person (i.e., the intended victim) but unintentionally does something to another (i.e., the victim), that person is still guilty of that crime as if s/he intended to do that to that victim

8. A person is guilty of murder in the second degree when with intent to cause the death of another person, he causes the death of such person or of a third person. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) ① HARM ② CAUSATION ③ INTENT LOOK FOR:

9. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) ① HARM. A specific harm ② CAUSATION. Causing a specific harm to a specific person ③ INTENT. Intending to do a specific harm to that person (or another)

10. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) ① HARM. What is the specific harm for murder? Death of another

11. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) ② CAUSATION. Causing a specific harm to a specific person CAUSATION. Causing death to a specific person

12. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) ③ INTENT. Intending to do a specific harm to that person (or another) INTENT. Intending to cause the death of that person (or another)

13. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) ① HARM. Death ② CAUSATION. Causes the death to a specific person ③ INTENT. Intended to cause death of that person (or another)

14. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS ① Defendant causes the death of a person (or of a third person) [Harm and causation] ② S/He intended to cause the death of another person [Intent]

15. FORMULAS Murder in the Second Degree + Murder in the First Degree + Aggravating Factors Manslaughter in the First Degree Extreme Emotional Disturbance Causation Intent + Causation Intent Defendant is 18+ YO ++ Causation Intent

16. RULE IF THE ELEMENTS TO MURDER IN THE SECOND DEGREE ARE NOT THERE, THEN THERE CAN BE ✘ NO MURDER IN THE FIRST DEGREE, ✘ NO MANSLAUGHTER IN THE FIRST DEGREE

17. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE INTENDED VICTIM WAS A POLICE OFFICER A person is guilty of murder in the first degree when 1.With intent to cause the death of another person, he causes the death of such person or of a third person; and (a) (i) the intended victim was a police officer … who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was a police officer

18. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE INTENDED VICTIM WAS A POLICE OFFICER ① Defendant caused death of another ② Defendant intended to cause death of another ③ The intended victim was a police officer ④ At the time of killing, police officer was engaged in the course of performing official duties ⑤ Defendant knew or reasonably should have known that intended victim was a police officer

19. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE DEFENDANT TORTURED VICTIM A person is guilty of murder in the first degree when 1.With intent to cause the death of another person, he causes the death of such person or of a third person; and (a) (x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death.…

20. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE DEFENDANT TORTURED VICTIM … As used in this subparagraph, “torture” means the intentional and depraved infliction of extreme physical pain; “depraved” means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain

21. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE DEFENDANT TORTURED VICTIM ① Defendant caused the death of another ② Defendant intended to cause the death of another ③ Prior to the victim’s death, the defendant engaged in a course of conduct and inflicted torture upon the victim ④ In doing so, the defendant acted in an especially cruel and wanton manner

22. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE THE INTENDED VICTIM IS A JUDGE A person is guilty of murder in the first degree when 1.With intent to cause the death of another person, he causes the death of such person or of a third person; and (a) (xii) the intended victim was a judge as defined in and the defendant killed such victim because such victim was, at the time of the killing, a judge

23. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE VICTIM WAS A JUDGE ① Defendant caused the death of another ② Defendant intended to cause the death of another ③ The intended victim was a judge ④ The defendant killed the judge because such victim was, at the time of the killing, a judge

24. Murder in the First Degree (Penal Law § 125.27 [1]) PLUS... The defendant was, at the time of the killing, over 18 years old +

25. Manslaughter in the First Degree (Penal Law § 125.20 [1]) EXTREME EMOTIONAL DISTRESS A person is guilty of manslaughter in the first degree when 2.With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance

26. Manslaughter in the First Degree (Penal Law § 125.20 [1]) ELEMENTS ① Defendant caused the death of another ② Defendant intended to cause the death of another ③ The defendant had an extreme emotional disturbance. ④ The defendant acted under the influence of that extreme emotional disturbance. ⑤ The explanation or excuse for such extreme emotional disturbance that was reasonable. The reasonableness of that explanation or excuse must be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.

27. Exercise Working in a group, you will apply the law to the fact patterns in the book and make a presentation to the class. Make sure you follow the steps!

28. Preparation 1)Should the defendant be charged with Murder in the 1st degree? Murder in the 2nd degree? and/or Manslaughter in the first degree? 2)Are all the elements met?

29. Preparation Steps ① Fact Pattern ② Analyze Murder in the 2nd Degree ③ Further Analyze a)Murder 1st Degree and/or b)Manslaughter 1st Degree

30. Step 1: Read the Fact Pattern Look to see if there was a death Look to see who is who Who is the victim (judge or police officer)? Who was the intended victim? Who is the actor and age? Who is an accomplice and age? Look to see how the person died

31. Step 2: Murder in the Second? [BASE] 1)Did someone die? 2)Did the defendant cause that death? 3)Did the defendant intend to cause that death?

32. Step 3: Murder 1st / Manslaughter 1st? 1)Was the victim a judge? 2)Was the intended victim a police officer? 3)Was the victim tortured? 4)Was the defendant over 18 years old? 5)Was the defendant acting under EED?

33. MURDER IN THE FIRST DEGREE? POLICE OFFICER 1)Was the intended victim a police officer? 2)Was the officer at the time engaged in official duties? 3)Did the defendant know or reasonably should have known that the intended victim was an officer?

34. WAS THE OFFICER AT THE TIME ENGAGED IN OFFICIAL DUTIES? 1)Was the officer on duty? OR 2)What was the officer doing?

35. Did the defendant know or reasonably should have known that the intended victim was an officer? 1)In uniform? 2)Shield out? 3)Stated s/he was a police officer? 4)Past experience with this police officer

36. Charlie is running an illegal gambling establishment. Debbie, a police officer, is assigned to investigate. She enters the establishment and announces that she is a police officer and that everyone is under arrest. Charlie sees Debbie and yells that no cop is going to shut him down. He pulls his gun, fires and shoots her dead. EXAMPLE

37. DOES IT MEET THE ELEMENTS FOR MURDER IN THE SECOND DEGREE? ANALYSIS Did someone die? YES (Debbie died) Did the defendant cause that death? YES (Charlie shot her) Did the defendant intend to cause that death? YES Therefore, the elements are satisfied

38. DOES IT ALSO MEET THE ELEMENTS FOR MURDER IN THE FIRST DEGREE? — POLICE OFFICER — Was the intended victim a police officer? YES Was the officer at the time engaged in official duties? YES (she was arresting Charlie) Did the defendant know or reasonably should have known that the intended victim was an officer? YES (she announced that she was a police officer) EXAMPLE, CONTINUED ANALYSIS

39. Charlie can be found guilty of murder in the first and second degree. First, Charlie can be found guilty of murder in the second degree: a)The first element, causing the death of another, is satisfied in that Charlie caused the death of Debbie since he shot her; and b)The second element, the defendant intended to cause the death of another, is satisfied in that Charlie intended to cause the death of Debbie because he aimed the gun at her. Therefore, the elements of murder in the second degree are satisfied. EXAMPLE, CONTINUED PRESENTATION

40. Next, Charlie can be found guilty of murder in the first degree. a)The first element, the defendant intended to cause the death of another, is satisfied in that Charlie caused the death of Debbie when he shot her; b)The second element, the defendant intended to cause the death of another, is satisfied in that Charlie intended to cause the death of Debbie because he aimed the gun at her; c)The third element, that the intended victim was a police officer, is satisfied in that Debbie, who was a police officer, was the intended victim;

41. d)The fourth element, that the police officer was engaged in performing his/her official duties, is satisfied in that Debbie, who was arresting Charlie for running an illegal gambling establishment, was engaged in the course of performing her official duties; e)The fifth element, that the defendant knew (or reasonably should have known) that the intended victim was in fact a police officer, is satisfied in that Charlie knew that Debbie was a police officer because she announced that she was a police officer; and.... f)Charlie is over the age of 18. Therefore, the elements of murder in the first degree are satisfied. Accordingly, the defendant can be charged with both murder in the first and second degrees.

42. Your Turn ① Break into groups ② Choose which fact patterns (group) ③ Prepare ④ Presentation as a paralegal ⑤ You get graded as a paralegal (usefulness)