Homicide

Negligent Homicide

Felony in the 3rd degree. While reckless killing constitutes manslaughter, a negligent killing constitutes a lesser crime of negligent homicide

manslaughter (MPC) (3)

Felony of the 2nd degree - criminal homicide constitutes manslaughter when it is committed recklessly; OR - a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.

MPC Murder

Felony of the first degree. criminal homicide constitutes murder when: (a) it is committed purposely or knowingly; or (b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.

proportionality: De Minimis Infractions (MPC 2.12)

The Court shall dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct: (1) was within a customary license of tolerance, neither expressly negatived by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense; or (2) did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or (3) presents such other extenuations that it cannot reasonably be regarded as envisaged by the legislature in forbidding the offense.

Proportionality (2)

The Eighth Amendment of the United States Constitution (Constitution) forbids cruel and unusual punishment, i.e. punishments that are "excessive" in relation to the crime committed. "A punishment is 'excessive' and unconstitutional if it (1) makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering; or (2) is grossly out of proportion to the severity of the crime." (COKER V GEORGIA)

negligent homicide (MPC)

homicide committed negligently (duh)

Felony murder rule (common law)

- guilty if person kills another person during commission or attempted commission of a felony. - rule may be narrower: some jurisdictions limit to dangerous felonies and follow the abstract approach or particular circumstances approach.

Evidence necessary to show Premeditated (Forrest) (6)

(1) want of provocation by V, (2) conduct and statement of D before and after killing, (3) threats and declarations of D before and after events, (4) ill will or previous difficulty between parties, (5) dealing of lethal blows after V rendered helpless, (6) evidence that killing was done in a brutal manner, (7) nature and number of wounds

Proportionality: sentencing purposes (MPC 1.02(2)(a))

(i) to render sentences in all cases within a range of severity proportionate to the gravity of offenses, the harms done to crime victims, and the blameworthiness of offenders; (ii) when reasonably feasible, to achieve offender rehabilitation, general deterrence, incapacitation of dangerous offenders, restoration of crime victims and communities, and reintegration of offenders into the law-abiding community, provided these goals are pursued within the boundaries of proportionality in subsection (a)(i); and (iii) to render sentences no more severe than necessary to achieve the applicable purposes in subsections (a)(i) and (a)(ii);

Felony murder and the death penalty (2)

- It is constitutionally permissible to sentence a D convicted of felony-murder to death even if the D neither intended to kill the victim nor actually inflicted the fatal injury if the D was a major participant in the felony and possessed a reckless indifference to human life. - The death penalty may be imposed where there exists no specific intent to kill but rather, the D knowingly and substantially participated in criminally activities known to carry a grave risk of death. (TISON v AZ)

vehicular manslaughter

-driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. [Punishable by up to one year in county jail, or imprisonment for 2, 4, or 6 years.] OR - Driving w/o gross negligence (up to 1 year in county jail)

FM: Limitations

1. Actus Reus limitations 2. Mens Real Limitations 3. Merger Rule 4. Limitation based on victim--co-felon/justification exception 5. Causation

FM: Mens Rea limitations

1. Aggravation approach (statutory) 2. Rebuttable presumption (MPC approach)

First Degree Murder (Common law, CA Penal Code) (4)

1. All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, 2. OR by any other kind of willful, deliberate, and premeditated killing, OR 3. which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under [one of various enumerated penal codes sections relating to sexual offenses not including rape], OR 4. any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder in the first degree.

Guidance for the jury in death penalty cases (4)

1. Bifurcated trial & sentencing 2. automatic appeal 3. aggravating circumstances 4. mitigating evidence

Legal sources to determine "cruel and unusual" (5)

1. Court's precedent 2. Legislative Statutes 3. statutes from other states 4. public attitudes 5. jury

Facts to mitigate murder to manslaughter (5)

1. Discovering ones spouse in the act of sexual intercourse w/ another 2. Mutual combat 3. Assault and battery 4. Recognizing injury to one of D's relatives or a 3rd party 5. Death resulting from resistance of an illegal arrest

Felony Murder Issues (4)

1. Does the state enumerate felonies that are the subject of felony murder in the murder statute(or enumerate them for some degrees of FM?) 2. Does the jurisdiction/court require that unenumerated felonies must be inherently dangerous to trigger a felony murder charge? If so, does the court review the felony in the abstract or according to the particular circumstances of commission? 3. Does the jurisdiction use the felony to upgrade what would otherwise be lower-level homicide to a higher level (recklessness to extreme indifference, intent to kill to premeditated?) 4. Does the jurisdiction follow the MPC in presuming that homicides occurring in attempt to commit, commission or flight from certain common law felonies (rape, robbery, arson, etc.) are extreme indifference murders unless proven to be committed in way that does not show extreme indifference?

Actus Reus Limitations

1. Enumerated Felony approach (statutory) 2. Inherently dangerous felonies a. In the abstract b. In the particular circumstances

Causation

1. Focus on the killer--agency rule 2. Heightened causation requirements (beyond but-for) In furtherance/in perpetration/res gestae Foreseeability/proximate cause Direct causal relationship et al

Modern common law murder (3)

1. Murder is the unlawful killing of a human being, or a fetus [except during a lawful abortion or when solicited, aided, abetted, or consented to by the mother], with malice aforethought. (California penal code). 2. Actus Reus issues are rare, occur when issue is whether victim is a "human being" (fetus or person who is brain dead and on life support) 3. Mens Rea: mens rea requirement is usually at issue

Rules of provocation (4)

1. Must have been adequate provocation 2. Killing must have been in heat of passion 3. Must be sudden heat of passion (killing must have followed provocation before there had been adequate chance for passion to cool 4. Must have been a causal connection between provocation, the passion, and the fatal act

Premeditation (Common Law Purpose Murder)

1. PREMEDITATION -intent/purpose to kill plus more (usually language is: with malice [intent], premeditation and deliberation) Various formulations of how premeditation is defined: Time: Whether can be done in a moment, or some appreciable time must pass Mental state: whether must be sufficient time and evidence that D. was able to deliberate and did in fact deliberate, hot/cool blood distinction, able to give it a second thought, turn over and consider pros and cons, ponder, etc

Bentham, 4 utility principle designs/rules (4/5)

1. Prevent all sorts of offenses whatsoever Rule 1: the value of the punishment must not be any less than what's sufficient to outweigh the profit of the offense 2. If one needs commit an offense, induce them to commit an offense less mischievous rather than more mischievous Rule 2: the greater the mischief of the offense, the greater the expense which it may be worthwhile to be at, in the way of punishment 3. When someone has resolved upon a particular offense, the object is to dispose him to do no more mischief than is necessary Rule 3: Where two offenses come in competition, the punishment for the greater offense should be must be sufficient to induce one to prefer the less. Rule 4: The punishment should be adjusted in such manner to each particular offense, that for every part of the mischief there may be a motive to restrain the offender from giving birth to it. 4. Prevent any mischief at as cheap a rate as possible Rule: the punishment ought in no case be more than what is necessary to bring it into conformity w/ the rules here given.

Determining adequate provocation (4)

1. Reasonable person would be provoked 2. D provoked 3. D didn't actually cool 4. Reasonable person wouldn't have cooled

Malice States of mind (4)

1. intent to kill a human being (intend to kill or know w/ substantial certainty that death will result) 2. Intent to inflict grievous bodily injury on victim & they die 3. acting w/ an "abandoned and malignant heart," or a "depraved heart," or with "depraved indifference for human life." Today, would probably refer to D as acting w/ extreme recklessness 4. Felony murder rule

heat of passion (voluntary manslaughter):

1. intentional homicide 2. in sudden heat of passion: reason disturbed/obscured by passion to extent which MIGHT render ordinary men of fair average disposition liable to act rashly or w/o deliberation or reflection and from passion rather than judgment 3. adequate provocation: calculated to inflame passion of reasonable person 4. causal connection between provocation, passion, and fatal act, before there has been a reasonable opportunity to cool

Types of criminal homicide (3)

1. murder 2. manslaughter 3. negligent homicide

MPC Murder vs common law

1. no malice aforethought required in MPC 2. no degrees of murder in MPC

evidence necessary to show premeditated (Anderson) (3)

1. planning 2. motive 3. Manner (15 stab wounds vs 1 shot to the head)

Without premeditation (common law)

2. Intent to kill murders---purpose to kill but without premeditation 3. Intent to commit serious/grievous bodily harm —D. intends serious harm but V dies instead. What is "grievous" or "serious"? (e.g., serious risk of death, disfigurement, permanent/protracted loss of bodily organ or member) MPC does not grade this as a separate homicide, but handles it as an extreme indifference murder or reckless manslaughter

Criminal Homicide (MPC)

A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.

Early Common Law Adequate Provocation (5)

ADEQUATE PROVOCATION: EARLY COMMON LAW Extreme assault/battery Mutual Combat Illegal arrest Injury or serious abuse of close relative Discovery of spouse in act of adultery

Heat of Passion: Alternative Elements which must be met

ALTERNATIVE ELEMENTS (all must be met) D is actually provoked Reasonable person would be provoked D has not actually cooled Reasonable person would not have opportunity to cool

Second degree murder (common law)

All other kinds of murder are 2nd degree murder

Determining premeditation and deliberation (Forrest) (6)

Among the circumstances to be considered to determine whether the Defendant acted with premeditation and deliberation required for first-degree murder are: (1) lack of provocation by the victim; (2) conduct and statements of the defendant before and after the killing; (3) threats and declarations of the defendant before and during the killing; (4) ill-will between the parties; (5) the dealing of lethal blows after the victim was rendered helpless; and (6) evidence of the killing being done in a brutal manner

proportionality and the death penalty

Capital punishment does not violate the Eighth or Fourteenth amendments of the United States Constitution provided it is set forth in a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching its decision. (GREGG v GA)

EMED Manslaughter (MPC 210.3 version of Heat of Passion)

D acted under influence of extreme (mental or) emotional disturbance for which there is reasonable explanation or excuse A)D. acted under influence of extreme emotional disturbance---subjective B)Reasonableness of D's disturbance and response determined from viewpoint of person in D's situation under circumstances as D believed them ----viewing subjective internal situation in which D. found himself and external circumstances as perceived them to be (even if inaccurate) and assessing whether explanation for response was reasonable (Cassasa

Depraved Heart Murder(CL)/Extreme Indifference Murder (MPC) (2 tests)

Depraved Heart Murder (equivalent of MPC Extreme Indifference Murder) definition may be "moral/subjective" or "objective" Knoller/Thomas test----base antisocial motive and wanton disregard for human life (subjective prong), high degree of probability that it will result in death (objective prong) Knoller/Phillips Test: D deliberately performs act, the natural consequences of which are dangerous to life (objective prong), knowing that his conduct endangers another's life and acting with conscious disregard for life (subjective prong)

discretion of jury in death penalty cases (2)

Furman: juries may not be given unfettered discretion to make life and death sentencing decisions in capital cases. Woodson: juries must be provided some discretion, because the Constitution prohibits treating "uniquely human beings" as members of a "faceless, undifferentiated mass to be subjected to the blind infliction of the penalty of death."

Premeditated & Deliberate

In order to be convicted of first-degree murder, substantial evidence must be shown to prove that the killing was premeditated and deliberate (MIDGETT V STATE)

mitigating murder to manslaughter (2)

In determining whether emotional disturbance should mitigate a murder charge to manslaughter, a court should use... ○ A subjective test (whether D acted under the influence of extreme emotional disturbance) - And an objective test (whether there was a reasonable explanation or excuse for such extreme emotional disturbance, the reasonableness of which is to be determined from the viewpoint of a person in the D's situation under the circumstances as D believed them to be.) (PEOPLE V CASASSA)

MPC Murder Purpose/Know

Intent to Kill or Purpose Murders—D intends to cause death, D shoots V to cause him to die Indifference about death or recklessness is not enough (Midgett) Knowledge Murders (graded the same as "purpose" murders by the MPC)—D. knows that death is practically certain to occur even if he does not intend to cause death EX: D blows up a building knowing that people are inside, but not caring whether he kills them or not

Intentional/Intent (CL)

Intentional/intent to normally means D's purpose is to engage in the acts he engaged in or cause the result he caused

Involuntary manslaughter (common law) (2)

Involuntary Manslaughter may be defined in any particular jurisdiction as: Killing with reckless mens rea Misdemeanor Manslaughter (death occurring during commission of misdemeanor, sometimes only inherently dangerous misdemeanors)

Involuntary Homicides

Involuntary homicides may also be punished as manslaughter or some form of homicide, e.g., Negligent Homicide. These statutes may require: a. Criminal (gross) negligence b. Civil negligence (rare) c. Limited types of negligent homicide (e.g., vehicular homicide)

Voluntary Manslaughter Justifications

JUSTIFICATIONS for doctrine: D and V share responsibility for harm, so D's responsibility is less than usual V deserved harm because of his own behavior. V assumed risk of harm when he acted in this manner. D is not fully responsible, because the act (reasonably) made him lose his self-control

Extreme Indifference Murder (MPC)

MPC 210.2(1)(b): homicides under circumstances manifesting extreme indifference to human life, characterized by an additional mental state beyond conscious disregard of substantial risk, so much so that we can say that the person manifested indifference to human life Presumed if D engaged in enumerated felony at time of homicide (robbery, rape/deviate sexual intercourse by force/threat, arson, burglary, kidnap, felonious escape)

Malice (common law)

Malice may mean with wicked purpose or just "intent to" commit the crime (although occasionally recklessness is included in the term malice.)

Merger Rule

Merger rule: Does the jurisdiction merge a felony that is an integral part of the homicide and/or has no independent felonious purpose with the homicide, such that the prosecutor must prove a mens rea for the homicide, not just the fact of the felony? In merger states: A commits a felony assault in a reckless manner and ends up killing B. The assault mergers into the homicide, to create one crime: reckless manslaughter. A commits a burglary (felony larceny) and B dies in the course of it. The burglary does not merge into the homicide, so A is guilty of felony murder.

Modern Approach to adequate provocation

Modern approach to adequate provocation: calculated to inflame the passion of a reasonable person and tend to cause him to act for the moment from passion rather than reason. Many jurisdictions say words alone not enough for provocation. However, words are enough if accompanied by conduct indicating present intention and ability to cause D bodily harm Some distinguish between insulting vs. informational words (the latter are more provocative

Early Common Law Murder

Murder is the killing of a human being by a human being (would include suicide)

Felony murder (MPC)

No felony murder rule, but recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.

Homicide Mens Rea (5)

PURPOSE murders: (CL: premeditated, intent to kill) KNOWLEDGE MURDERS EXTREME INDIFFERENCE MURDERS (CL: intent to commit serious bodily harm, depraved heart murder) MANSLAUGHTER—RECKLESS, EMED (CL: voluntary manslaughter/heat of passion, diminished capacity) NEGLIGENT (HOMICIDE) (gross, civil, MN culpable

racial discrimination & death penalty

Statistical evidence showing that one racial group receives a disproportionate amount of death sentences, as opposed to other groups, is not sufficient to challenge a state death penalty statute under the Equal Protection Clause of the Fourteenth Amendment. A D must prove the presence of racial discrimination in his own case. Discretion allows a jury to be influenced by racial prejudice, but it does not violate the Eighth Amendment since juror discretion frequently works to the D's benefit. (McCleskey v KEMP)

Murder vs manslaughter

The difference between murder and manslaughter is the presence or absence of malice. Voluntary manslaughter is an intentional homicide done in a sudden heat of passion, caused by adequate provocation before there has been a reasonable opportunity for the passion to cool (GIROUARD

Felony Murder Causation

The felony is the but-for cause of the death The agency rule—the defendant charged and the principal perpetrator are co-felons. The proximate cause rule—some death was foreseeable from the felony. The homicide was committed in furtherance of or in the perpetration of the felony and/or in the res gestae of the felony. The charged felony directly caused the death

Proportionality and 3 strikes laws

Three strikes laws, which serve the legitimate goal of deterring and incapacitating repeat offenders, do not violate the Eighth Amendment of the United States Constitution's (Constitution) prohibition on the imposition of a sentence that is grossly disproportionate to the severity of the crime. (EWING V CALIFORNIA)

Other Formulations of Depraved Heart (3 tests)

Utah—utter callousness toward the value of human life and complete and total indifference as to whether conduct will create requisite risk of death Alabama—person bent on mischief who acts with a "don't give a damn" attitude in total disregard of public safety Various other formulations consider: Knowledge of extremely high degree of risk of death PLUS no utility to D's conduct

Manslaughter (common law) (2)

VOLUNTARY—D intends to kill the victim, but there are good reasons to mitigate the charge and sentence (for denunciation, retribution, etc. purposes.) INVOLUNTARY—D does not intend to kill the victim, and his mens rea does not rise to the level of depraved heart/extreme indifference so should not be graded as a murder

Reasonable Person Provocation/lack of self control (2 tests)

Who is the REASONABLE PERSON (both as to gravity of provocation and to the reasonableness of loss of self-control that resulted in homicide)? Holley/Camplin test: a)characteristics of accused that would affect the gravity of provocation b) self-control expected of ordinary person of sex/age of accused Morgan Smith---self-control expected of person in D's situation, not allowing D to rely on his violent disposition What factors (e.g., gender, battering, cultural expectations) should be included in defining the reasonable person?

Willful (CL)

Willful normally means wicked purpose or intentional

Felony Murder: Minor rule

a felon can be held responsible in felony murder if the felon set in motion acts which resulted in the victim's death. Proximate causation and foreseeability are the issues.

FM: Abstract Approach

looking at the felony as defined in the statute and asking whether, by its very nature, it cannot be committed without creating a substantial risk of death (People v HOWARD. Driving w/ Willful and Wanton disregard not an inherently dangerous felony)

FM: Particular Circumstances Approach

looks at whether this defendant actually committed the felony in a dangerous way. - The particular circumstances approach is better b/c it considers the facts as they really were, not as they could have ideally been.

Felony murder: Agency Rule (majority rule)

only ppl who are agents of the other felon will be guilty if someone else dies. If the other shooter is a 3rd party, the felon is not guilty of felony murder.