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.”

7. 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)

8. 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).

9. 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.

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

11. 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)

12. 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.

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

14. 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)

15. 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)

16. 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.

17. 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.”

18. 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)

19. 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)

20. 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.

21. 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.

22. 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)

23. 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)

24. 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)

25. 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)