Unintentional Homicide

Homicides can be charged as what?

Can be charged as either murder/manslaughter 

Are unintentional homicides still crimes?

Yes but as to what they are MPC says it gets close and you will leave it to a trier of facts usually a jury  

• These lines can get blurry  

• Ultimate question when is something so risky that even though the resulting death was unintentional it is murder? 

  • Remember that even if it was unintentional it doesn't have to be criminal  

What does People v. Knoller elucidate?

deprived heart murders and how objective risk was consciously disregarded

People v. Knoller (who wins, statute, phrase that pays, facts/analysis )?

• Who wins: Knoller kind of does matter was reversed for reconsideration had been charged for 2nd degree murder

• Phrase that pays: malice of aforethought  

• Statute: 187(a) statute for murder:  

  • Malice can be expressed or implied per 188 

    • Express would be manifested a delib intention unlawfully to take away the life of a fellow creature  

    • Word above suggests that provocation has to be adequate doesn't say but says considerable provocation –look to Girouard  

• Facts that est dogs were dangerous and she knew:

  • Dogs had eaten a sheep, a cat, a dog house  

    • Mems of the Ayran brotherhood gave Knoller and Noel the dogs 

  • Knoller knew the dogs had killed sheep and were Yeah and she was like whatever   

  • The vet told Knoller 

    • They are huge  

    • Liab in any household  

  • OG caretaker said the dogs should be shot and coubs was worried about the other two  

  • Call bane on the website dog-o war bringer of destruction  

  • Dogs are threatening once they moved in strengthens the patterns/shows there character right then...she responds callously if at all  

  • She dies of blood loss from the dog mauling her. Earlier medical attention might have increased her chances of survival BUT it's reasonably foreseeable that an ambulance might not arrive on time so there is no causation issue  

What’s the difference between State v. Knoller and State v. Nations?

• Nations had to actually know a known fact 

• Difference here is this is about future events have to say it's practically certain 

Is the risk in State v. Knoller subjective or objective?

It's objective under the Thomas and phillips test = high degree of probability (in phillips), the natural consequences of which are dangerous to life  

• Words matter 

Why does Conley not relate to State v. Knoller?

If you read natural consequences are dangerous to life as intentional that would bump it to 1st degree murder losing the distinction of 2^nd degree murder. DO NOT OD ON CONLEY. 

What is the test from Thomas (comes from Knoller)?

the defendant for a base antisocial motive and with wanton disregard for human life does an act that involves a high degree of probability it will result in death = objective

What is the test from Phillips (comes from Knoller)?

When killings proximately caused by an act the natural consequences of which are dangerous to life which act was deliberate preformed by a person who knows his conduct endangers the life of another and who acts with conscious disregard for life

What does Walker v. Superior Court elucidate?

concurrence of elements, criminal negligence, compound statute  

Walker v. Superior Court (who wins, statute, phrase that pays, facts, analysis to remem)?

• Statute is 192 involuntary manslaughter charge (192 was around child endangerment)

• Phrase that pays: due caution or circumspection  

• Who wins: the state  

• Fact:

  • Walker mem church christ sci believe prayer healing can choose when to exercise not religiously mandated

  • child of hers had a stiff neck, flu symptoms, grew worse after engaging prayer practioners died with no medical treatment

• Analysis to remem:

  • Is prayer remedial care? 

    • Yes she doesn't violate 270 by doing that (duty imposed by law) not negligent. 

    • But 270 is not the last word on extent of parent's duty  

    • So we come back to due caution or circumspection 

  • Is criminal negligence subjective or objective? 

    • It is objective bc reasonable person  

    • But sim circumstances –creates some wiggle room 

  • Causation question: if walker had elected for spiritual care at first for only first four days but got her daughter med care when illness worsened would she have been liable? 

    • No, this showcases the concurrence of the elements –her mens rea and actus reus cumulated at the time she was on notice in OG, but in this she was on notice when her daughter was getting worse and decided to do something bad