ACL Section D. Homicide (Textbook Chap. 11)

define homicide

the killing of a human being or viable fetus by another human being

homicide may be either ______ or ______ in which case it is not unlawful

justifiable or excusable

a homicide may also be _____, in which event it IS a crime

felonious

The word homicide is meant to describe _____ taking of human life

ALL taking of human life by human act or agency whether lawfully or unlawfully

which PC states that homicide is used to describe all taking of human life by human act or agency whether lawfully or unlawfully?

PC 187-199

An unlawful homicide must be either the result of…

1. an affirmative act

2. an omission to act, or

3. criminal negligence

Although the act (homicide) need not be the only cause of death it must be a _____

a proximate (direct) cause of the death

for a homicide a death must occur within what time frame

3 years and one day after the cause of death or it will be rebuttably presumed that the death did not result from the act

which CA penal code states that death must occur within 3 years and a day or the act did not cause the death (in homicide case)

PC 194

define corpus delicti

“body of the crime”

Corpus delicti is the essential _____ of what

it is the essential elements of an offense

Corpus delicti does NOT necessarily refer to what

the body of a deceased person in a homicide case

In CA, actually producing a dead body in a criminal homicide case is not what?

is NOT an essential element of the crime of murder or manslaughter

which court case decided that producing a dead body in a criminal homicide case is not an essential element of the crime of murder or manslaughter?

People v. Scott

what are the two basic elements of corpus delicti of FELONIOUS (criminal) homicide?

1 death of a human being, and

2. unlawful act, omission, or criminal agency causing such death

for corpus delicti, it is not necessary that there be _____ as to the means used to accomplish the killing in attempting to prove the corpus delicti of homicide

direct evidence, it can be proven by circumstancial evidence

which court case decided that for corpus delicti, it is not necessary that there be direct evidence used to attempt to prove the corpus delicti of homicide and that circumstancial evidence can be used as well?

People v. Wetzel

define proximate cause of death

the cause of death must be directly, closely and immediately related to the perpetrator’s criminal act or omission.

for proximate cause, If there is an intervening cause of death which is not the result of the defendant’s act, the defendant is

NOT responsible

for proximate cause, however, if a mortal wound was inflicted by an assailant and a second assailant inflicts another mortal wound, neither assailant is ____

relieved of his or her responsibility for the death of the victim

one who commits _____ often bears no i’ll will towards the victim and may even believe the act is morally justified

euthanasia

for euthanasia, nonetheless, he or she acts with malice if…

able to comprehend that society prohibits this act, regardless of personal beliefs

what court case determined that in euthanasia cases, he or she acts with malice if they are able to comprehend that society prohibits this act, regardless of personal beliefs?

People v. Conley

also a crime may also be murder although the person killed is not the one whom the accused intented to kill, what court case decided this?

people v. McAuliffe

How is proof of death determined in CA

evidence may be based on

1. eye witnesses,

2. parts of the body

3. otherwise circumstantial evidence

in California both death and the criminal agency (act causing death) may be proven by what?

circumstantial evidence

the fact that a person is merely missing is NOT sufficient evidence to support what

a prima facie (on-its-face) case of homicide

for murder, however, a person cannot be convicted on what alone?

a confession

Circumstantial evidence supported a first degree murder conviction of a wife who’s husband died as a result of chronic arsenic poising over a fourth-month period through what court case?

People v. Helwinkel

to make the killing either murder or manslaughter, the victim must die within

3 years and a day after the stroke received or the cause of death was administered, or a rebuttable presumption will arise that death did not result from this stroke

for the three years and a day rule, how is time computed?

the whole of the day on which the act was done shall be reckoned the first

if the victim of a deadly assault does not die immediately and the perpetrator is initially charged with or convicted of an assault or attempted murder, there is no

NO double jeopardy prohibition against prosecuting the perpetrator for murder (People v. Scott)

define murder

the unlawful killing of a human being, or a fetus, with malice aforethought

which CA Penal code defines murder?

PC 187

PC 187’s definition of murder as the killing of a human being or fetus shall not apply to what person in the case of a fetus?

1. The act was complied with the Therapeutic abortion act

2. the act was committed by a holder of a physician’s certificate, the result of childbirth would cause the death of the mother or be substantially certain

3. the act was solicited, aided, abetted, or consented to by the mother of the fetus

according to the fetus exception for PC 187’s murder definition, what is section c?

subdivision b shall not be construed to prohibit the prosecution of any person under any other provision of law

Which penal code decides who has the burden of proof in defending murder?

PC. 189.5

Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon who?

the defendant

what is the exception to the rule that the defendant has the burden of proof in murder?

unless the proof of the part of the prosecution tends to show that the crime committed only amounts to

1. manslaughter

2. or that the defendant was justified or excusable

Which CA Penal code defines Malice?

CA Penal Code 188

according to PC 188, malice may be ____ or _____

express or implied

malice is express when…..

there is manifested a deliberate intention unlawfully to take away the life of a fellow creature

malice is implied when…

no considerable provocation appears, or when the circumstances attending the killing show an “abandoned or malignant heart”

when it is show that the killing resulted from the intentional doing of an act with express of implied malice as shown above, no other mental state need be shown to establish what?

the mental state of malice aforethought

neither am awareness of the obligation to act within the general body of laws regulating society NOR acting despite such awareness is included within the definition of what?

malice

Malice aforethought does not necessarily mean an actual

intention to kill the deceased not does it necessarily imply DELIBERATION

rather, malice aforethought indicates ____

A PURPOSE AND DESIGN as contrasted with accident or mischance or misfortune

malice aforethought is present when,

when there is an intention to cause death or grievous bodily harm, or knowledge that one’s acts with probably so result, when committed in the commission of a felony or other act which proves inherently dangerous to others

malice does NOT necessarily mean _____ or _____ ____ toward the person killed, not an actual intent to take the victim’s life, or anyone’s life for that matter

hatred or personal i’ll toward the person killed

Express malice is defined by what CA penal code?

CA Penal Code 188

define express malice

when there is manifested a DELIBERATE INTENTION unlawfully to take away the life of a fellow creature

Express malice must always be present in what type of murder?

1st degree murder

express malice is considered to be present where the evidence shows

a deliberate intention unlawfully to take the life of another human being, such as where one kills another with a deliberate and formed design

when homicide is committed by means of torture, the means used are conclusive evidence of _____ _______

conclusive evidence of EXPRESS MALICE

which court case decided that for homicide committed by means of torture, the “means used” are conclusive evidence of express malice?

People v. Bitler

The necessary malice required for murder in the first-degree is demonstrated when the evidence does what?

shows a DELIBERATE INTENTION to take the life of another human being

which court cause showed that the malice required for 1st degree murder is demonstrated when the evidence shows a DELIBERATE intention to take the life of another human being?

People v. Keeling

as stated in PC 188, implied Malice is ____

when no considerable provocation appears, or when the circumstances attending the killing show “an abandoned and malignant heart”

Implied Malice has been defined as that which arises or may be inferred from what?

the intentional doing of an unlawful or wrongful act with a wrongful purpose

implied Malice exists where the killing was done how?

suddenly, without justification or excuse, and without provocation, or without provocation sufficient to reduce the homicide to manslaughter

which court case decided that implied Malice is when a killing occur suddenly, without justification or excuse, and without provocation, or without provocation sufficient to reduce the homicide to manslaughter?

People v. Dugger

Malice as an element of murder is IMPLIED where the defendant with antisocial motives and with utter disregard for human life does what

engages in conduct involving high probability of resultant death

which court case decided that implied Malice exists as an element of murder where the defendant, with antisocial motives and with utter disregard for human life engages in conduct involving high probability of resultant death?

Brooks v. Superior Court

for malice to be implied, there must be evidence of…

a lack of considerable provocation for a killing, and where the circumstances attending the killing showed an “abandoned and malignant heart”

which court case decided that for malice to be implied there must be evidence of

1. a lack of considerable provocation for a killing

2. circumstances of killing must show “abandoned and malignant heart”

People v. Hudgins

which CA penal code defines the degrees of murder?

CA Penal Code 189

which murders constitute first degree murder?

1. murder committed with destructive device

2. knowing use of armor piercing ammo

3. lying in wait

4. torture

in addition, a crime is considered first degree murder if…

by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempts to perpetrate arson, rp, robbery, burglary, mayhem, kidnapping, trainwrecking or any crime under section, 206, 286, 288, 287, and 289

section 206 includes what crime

torture

286 includes what crime

sdmy

288 includes what crime

chid most

section 287 includes what crime

ral copulation

section 289 includes what crime

penetration by object

all other murders not stated in PC 189 or the following sections are considered what degree of murder?

second degree murder

Which section defines destructive devices?

section 16460

as used in this section, destructive devices shall mean any

destructive devices as defined in section 16460

explosive shall mean any explosive as defined in what section of the health and safety code

section 12000

to prove that the killing was “deliberate and pre-meditated” it shall NOT be necessary to

prove that the defendant maturely and meaningfully reflected upon the gravity of his or her act

The knowing use of armor piercing or metal piercing ammunition in a murder makes it

first degree

the provision for armor piercing ammunition to be considered part of the definition of 1st degree murder was added when?

after police and corporate executives began wearing bullet-proof vests

except for police and military use, it is a felony to

manufacture, import, or possess metal or armor piercing ammunition

which penal code states that it is a felony to possess metal or armor piercing ammunition?

PC 30315

PC 18780

PC 30330

Which penal code defines Destructive devices

PC 16460

murder becomes first degree if either a destructive device or an explosive is used to

cause death

a destructive device is defined as any of the following

1. any projective containing an explosive

2. any bomb, grenade, or explosive missile

3. any weapon or fixed ammunition of arrestor than .60 caliber

4. any rocket or rocket propelled projectile

5. any breakable container of flammable liquid

which penal code defines explosives?

H&S code 1200

as defined in the health and safety code, an explosive is _____

any highly volatile chemical, nitroglycerine, dynamite, or gunpowder

the word poison includes any substance which, when applied to the human body externally or internally, is capable of

destroying life, thus the deliberate introduction of poison into a person’s system over a period of time which proximately results in the person’s death is 1st degree murder

define lying in wait

the perpetrator takes a position where he or she is waiting and watching with the intention of inflicting bodily injury likely to cause the death of another (may be likened to an ambush”

lying in wait is simply evidence which, if unexplained and unqualified by other evidence, would ordinarily establish what?

that the perpetrator was guilty of willful, deliberate, and premeditated killing

which court case decided that lying in wait, if unexplained and unqualified by other evidence, would ordinarily establish that the perpetrator was guilty of willful, deliberate, and pre-meditated killing?

People v. Wolff

which court case decided that, where the defendent went to a cabin to await the arrival of the victim with a loaded rifle, the defendant’s actions were within the scope of lying in wait?

People v. Tuthill

define torture

kicking a helpless victim to death for a period of fifteen minutes before death actually resulted was held to be torture and thus first degree murder

which court case established that kicking a helpless victim to death for a period of fifteen minutes before death actually resulted was held to be torture and thus first degree murder

People v. Gilliam

where evidence disclosed that the victim was killed in an effort to get the combination to his safe, and that he was tortured for this purpose, the court held this to be what?

1st degree murder, People v. Cooley

define the term, deliberate

arriving at as a result of some thought and weighing of considerations

define premeditate

to think on and resolve in the mind beforehand (people v. Morris)

no set rule can be laid down to as the amount or type of _____ necessary in every case of first degree murder

deliberation

the evidence must be sufficient to enable the jury to reasonably conclude that the homicide was actually _______

premeditated (people v. Nye)

to establish the crime of first degree murder, deliberation and premeditation may be inferred from what?

proof of facts and circumstances, and direct evidence of a deliberate and pre-meditated purpose to kills is NOT required (people v. Cartier)