Homicide - Lecture notes 2 PDF

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Dr. Michelle Meitl Criminal Law notes...

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Homicide Wednesday, March 25, 2020

6:01 PM

Homicide: all cases in which a human being kills another human being Levels of homicide • Murder in the first-degree • Murder in the second-degree or depraved heart murder • Felony murder • Voluntary manslaughter - heat of passion and legally adequate provocatio • Involuntary manslaughter - AKA negligent homicide • Vehicular manslaughter - AKA negligent homicide Murder: unlawful and unjustified killing of another human being • Malice aforethought: conscious intent to cause death or serious bodily injury and death occurs Murder under the modal penal code • Purposefully or knowingly killed another • Recklessly--if done with extreme indifference to human life • MPC does not differentiate between first and second degree murder Murder in some state statutes • First degree: intent to kill with premeditation and deliberation • Second degree: intent to kill without premeditation and deliberation O depraved heart murder ○ Depraved heart murder usually requires no intent to kill but the is a complete disregard of human life (dangerous act with high risk o death) Premeditation and deliberation • These terms have different meanings • Premeditation: thinking in advance Deliberation: choosing to do it/weighing the options

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• Premeditation: thinking in advance • Deliberation: choosing to do it/weighing the options ○ Careful weighing or considerations in forming a course of action • As long as process occurs before the act ○ Requires the time it takes to form intent, ponder the crime, and then act Proving premeditation and deliberation • Sometimes referred to as murders in "cold blood" • Three categories: ○ Activities that involve planning § Bringing the murder weapon to the scene; entering the house through a bedroom window; arranging to meet with the victim when no one would be home ○ Facts about the defendant's prior relationship or conduct with the victim § Prior threats to kill, bragging about prior harm to the victim, concealing another killing the victim knew about ○ Facts about the nature of the killing--was it particular and exact? Did it appear to have a preconceived design? § Precise injury: stabbing eight times or eight blows to the head with a heavy object Examples of depraved heart murder • Shooting a gun into a passenger train filled with people • Gun battle between two people and a 15 year-old innocent bystander is killed • Driving a car into a crowd Felony murder: killing occurs during the course of an inherently dangerous or enumerated felony is a murder, regardless of intent • Connection between the felony and death (causation) • (For death penalty need specific intent to kill) • Helping father escape and him killing people on the road Manslaughter: unlawful killing without malice S t t di id l ht i t " l t

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• Some states divide manslaughter into "voluntary" and "involuntary" • Voluntary manslaughter: done suddenly, upon legal adequate provocation ○ Reduced level of culpability ○ Legally adequate provocation § Examples: □ A battery or aggravated assault □ Adultery § Note words alone generally do not constitute adequate provocation but they can (confession of adultery not a legally adequate provocation) ○ Heat of passion and cooling off § Courts look to whether the person had time to cool off § If it appears that the defendant reflected, deliberated, or cooled off for any period before the fatal act, the killing is murder § What constitutes "cooling-off time" depends upon the nature and circumstances of provocation, the extent to which the passion has been aroused, and the nature of the act causing the provocation ○ Must be proven: § Defendant was provoked § Reasonable person would not have cooled off between such time and the killing, so reasonable person would have reacted equally as violently § AND defendant did not cool off • Involuntary manslaughter: killing that occurs unintentionally but usually recklessly (some allow gross negligence) ○ Reasonable person would have been aware of a substantial and unjustifiable risk ○ Some states have vehicular manslaughter...