Criminal Law MOD 4 - Homicide: Intentional Killings

Flashcards covering key vocabulary and concepts from a Criminal Law lecture on Homicide.

Homicide

The killing of one human being by another human being.

Criminal Homicide Equation

Conduct Causing Death + Accompanying Mental State

Murder (Statutory)

More serious, punished more severely. Includes: Premeditated and Deliberate, Intentional, Extremely Reckless/Indifferent, and Felony Murder.

Manslaughter (Statutory)

Less serious, punished less severely. Includes Voluntary and Involuntary Manslaughter.

Common Law Murder

Unlawful killing of another human being with malice aforethought.

Malice Aforethought

Wickedness thought of beforehand; the mens rea for murder.

Intent to Kill

Conscious objective or purpose to kill another person without legal justification.

Intent to Inflict Serious Bodily Harm

Intent to seriously injure someone, resulting in death without legal justification.

Reckless Indifference to an Unjustifiably High Risk to Human Life (Depraved Heart Murder)

Consciously disregarding a known risk that a harmful result will occur, where the conduct is as blameworthy as an intent to kill.

Intent to Commit an Inherently Dangerous Felony (Felony Murder)

Intent to Commit an Inherently Dangerous Felony, resulting in death.

Premeditated and Deliberate Murder (Statutory Murder)

An intentional, unlawful, and deliberate killing of another human after premeditation.

Premeditation

Thinking over beforehand, deliberation, reflection, weighing, or reasoning for a period of time, however short, after which the intent to kill is formed.

"Brief Reflection" (Majority Rule)

Enough time to change one's mind, to give the decision a 'second look.'

Time (Premeditation Factor)

The closer the decision to kill is to the actual killing, the more likely it's impulsive. Greater time span makes premeditation more likely.

Motive (Premeditation Factor)

A clearer reason to kill makes it easier to argue premeditation.

Manner of Killing (Premeditation Factor)

Suggests passage of time or advance thinking (e.g., lying in wait, acquiring a weapon).

Volition

Control exercised over one's actions; satisfies the actus reus.

Intent

Conscious objective or purpose driving the action; a culpable mental state that satisfies the mens rea.

Premeditation

Planning and thought of a crime beforehand; can elevate murder to first-degree or 'aggravated' murder.

Voluntary Manslaughter (Common Law)

The intentional killing of another based upon adequate provocation.

Distinction between Voluntary Manslaughter and Murder

Less culpable/blameworthy than murder because of the 'heat of passion' under which it's committed; 'negates the malice.'

Objective Provocation

The provocation must arouse a sudden and intense passion in the mind of an ordinary person, causing a loss of self-control.

Subjective Provocation

The defendant was in fact provoked.

Objective Cooling Off Period

Insufficient time between the provocation and the killing for a reasonable person to cool off.

Subjective Cooling Off Period

The defendant in fact did not cool off between the provocation and killing.

"Heat of Passion"

The person momentarily acts out of passion rather than reason; not reasoning or thinking, just doing.

Examples of Adequate Provocation (Classic Examples)

Discovering one's spouse in the act of sexual intercourse with another; being attacked in a serious assault and battery; witnessing a violent assault on a member of one's immediate family; being illegally arrested.

Mere Words Alone (Insufficient Provocation)

Generally not sufficient, even if very abusive or taunting.

Prolonged Contemplation (Insufficient Provocation)

Prolonged contemplation, accumulated emotional distress, or cumulative effect of reminders of past wrongs are generally not considered 'sudden anger'.

Mistake of Fact (Voluntary Manslaughter)

If the defendant reasonably but mistakenly believes a provocative event has occurred, they may still argue voluntary manslaughter.

Transferred Intent (Voluntary Manslaughter)

If a defendant, in a heat of passion, intentionally kills an innocent bystander, they may still be guilty of murder. The intent to kill transfers, but the provocation does not to the innocent bystander.

Model Penal Code (MPC) Approach to Manslaughter (Extreme Mental or Emotional Disturbance - EMED)

A homicide that would otherwise be murder is committed under the influence of an 'extreme mental or emotional disturbance' for which there is a reasonable explanation or excuse.

Absence of "Provocation" Requirement (MPC EMED)

No need for a specific provocative act.

"Objective/Subjective" Standard (MPC EMED)

More flexible, focuses on the defendant's subjective belief of the circumstances combined with a 'reasonable explanation or excuse' from the viewpoint of a person in their situation.

No "Cooling Off" Period (MPC EMED)

Replaced by the requirement that the person still be 'under the influence' of the disturbance.

Broader Scope (MPC EMED)

Can include mental conditions (short of insanity) and prolonged stressors, not just immediate provocation.

Victim Blamelessness (MPC EMED)

Makes it easier to find manslaughter even when the victim is blameless, as it operates more as an excuse than a justification.

Discretion for Factfinder (MPC EMED)

Affords the jury discretionary power to mitigate when presented with an 'understandable weakness' in the defendant.

Actus Reus

The 'guilty act' or the physical act of a crime. For homicide, this is the killing (conduct causing death).

Adequate Provocation

A legal standard in common law voluntary manslaughter. It refers to a triggering event that would cause an ordinary person to lose self-control and act in the heat of passion.

Attendant Circumstances

Additional facts or conditions that must exist for a crime to occur, beyond the actus reus and mens rea.

Causation

The link between the defendant's conduct and the resulting harm. In criminal law, both 'but-for' (actual) and 'proximate' (legal) causation are generally required.

Concurrence Principle

The requirement that the mens rea (mental state) must exist at the same time as the actus reus (the guilty act).

Conscious Objective or Purpose

A mental state indicating a deliberate aim to cause a specific result. Often associated with 'specific intent.'

Cooling Off Period

The time between a provocative event and the killing, during which a reasonable person would have regained self-control. If this period is sufficient, it negates adequate provocation.

Depraved Heart Murder

A colloquial term for a killing committed with reckless indifference to an unjustifiably high risk to human life.

Felony Murder

A type of murder where a killing occurs during the commission of a dangerous felony.

General Intent

A common law mental state where the defendant is aware of all the facts constituting the elements of the crime, but doesn't necessarily have a specific conscious objective or purpose.

Heat of Passion

A state of intense emotion (e.g., rage, fear) that causes a person to momentarily lose control and act impulsively, rather than with reason. Central to voluntary manslaughter.

Manslaughter

A less serious category of criminal homicide than murder, punished less severely.

Mens Rea

The 'guilty mind' or the mental state accompanying a criminal act.

Mistake of Fact

A defense that can negate the mens rea of a crime if the defendant genuinely (and sometimes reasonably) misunderstood a factual element.

Premeditation

The mental process of thinking over beforehand, deliberation, or reflection before forming the intent to kill. Often elevates murder to first degree.

Proximate Cause

Legal causation; whether the harm was a foreseeable result of the defendant's actions, and whether any intervening acts were significant enough to break the chain of causation.

Reckless Indifference

A mental state for murder, indicating a conscious disregard of a substantial and unjustifiable risk to human life.

Specific Intent

A common law mental state where the defendant acts with a conscious objective or purpose to achieve a particular result.

Statutory Murder

Murder defined by specific statutes, often categorizing different degrees of murder with varying elements (e.g., premeditation).

Superseding Cause

An intervening act that is so extraordinary or unforeseeable that it breaks the chain of proximate causation, relieving the original defendant of criminal liability.

Transferred Intent

A legal doctrine where the defendant's intent to harm one person is 'transferred' to another person who is actually harmed.

Volition

The control one exercises over their bodily movements; synonymous with voluntary action. A requirement for actus reus.