Criminal Law 1

definitions

Common Law Homicide

is the killing of one human being by another

Innocent Homicide

is homicide that is excused or justified

Justifiable Homicide

is homicide that is commanded or authorized by law

Excusable Homicide

is homicide that is committed under circumstances in which the accused should not be held accountable

Criminal Homicide

is homicide for which there is no justification or excuse

Murder

is homicide with malice or felony murder

Malice (in homicide)

1. acting with a person endangering state of mind; or

2. without excuse or justification or mitigation

Person Endangering State of Mind

a. intent to kill; or

b. intent to inflict serious bodily injury, or

c. acting with depraved heart (acting recklessly under circumstances manifesting extreme indifference to the value of human life)

Felony Murder-common law

is killing that occurs in the commission of an inherently dangerous felony (burglary, arson, robbery, rape, kidnapping, and more) BARRK

Model Penal Code: Section 210.1³

Criminal homicide is murder, manslaughter, or negligent homicide.

Model Penal Code: Section 210.2 Murder

Criminal homicide constitutes murder when:

1.) It is committed purposely or knowingly; or

2.) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the defendant is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit burglary, also, robbery, rape, or kidnapping.

Common Law Burglary

is breaking and entering the dwelling of another during the nighttime with the intent to commit a felony

Breaking

is making a physical opening by trespass into a building or part of a building. trespass means without consent. constructive breaking is entry by means of threats, violence or trickery.

Entering

means entry of a building by a part of the body; when a part of the body crosses the plane of the building. The defendant may also use a tool that would accomplish the felony, not just the breaking, without entry of the defendants body

States of Mind for Criminal Homicide

1.) Purposefully

2.) Recklessly (depraved heart recklessness)

3.) Criminally negligently

Purposefully

intent to bring about the criminally prohibited result; in homicide, e.g., intent to kill

Recklessly

Conscious awareness of a substantial risk of death or serious bodily injury.

Depraved heart recklessness

conscious awareness of a substantial risk of death or serious bodily injury that manifests an extreme indifference to the value of human life. There is a higher degree of risk than for mere recklessness, and the defendant is aware of that.

Criminally negligently

substantial risk of death or serious bodily injury that a reasonable person would foresee

Felony murder-MPC

is killing that occurs in the commission of an inherently dangerous felony (burglary, arson, robbery, rape, kidnapping, ONLY) BARRK