Common Law Unintentional Killings - CRIM

Unjustified Risk Taking

Recklessness + negligence = involuntary manslaughter

Unintentional First-Degree Murder

Under CL, first-degree murder includes felony-murder if statute enumeratees the felony

EX: death during arson = 1st degree murder in FM jurisdictions

Unintentional Second degree murder

What mental states count for 2nd degree murder

1. intent to cause great bodily harm

2. abandoned and malignant heart → conscious disregard for human life

3. Depraved heart → extreme recklessness - aware of a high probability of substantial and unjustifiable risk (depends on jurisdiction)

4. Felony murder (not enumerated by statute)

Involuntary Manslaughter

Gross negligence/recklessness results in accidental death of another 

Misdemeanor-manslaughter

• killing committed in the course of a misdemeanor

Felony Murder - Mental State

FM is a work around for a mens rea requirement - you don’t need intent to kill

Mental State:

• you only need the mens rea for the felony

• NOT the mens rea for the death

• strict liabilty for the death itself

EX: D is committing robbery (intentional felony). Gun accidentally fires → someone dies.
→ FM applies even though D didn’t mean to kill.

Felony Murder - Causation

There must be a causal link between the felony and the death

• but-for causation

• proximate cause (forseeable enough)

Purpose of Felony Murder

1. Make felons behave more safely

2. Deter dangerous acts during felonies

3. Prevent escalation of violence

Limits on Felony Murder

Felony murder is controversial, so courts limit it to avoid over-punishment. Four main limits:

1. Inherently Dangerous Felony Limit

2. Merger Doctrine (Independent Felony Rule)

3. Res Gestae Doctrine

4. Third-Party Killer Rules

Inherently Dangerous Felony Limit

FM only applies if the felony is inherently dangerous to human life

• if a felony can be committed safely, it shouldn’t automatically trigger murder liability

2 tests for inherently dangerous felony limit

Courts use 2 tests:

A. Abstract Test (majority in Anti-FM jurisdictions)

• ask: is the felony, by its nature, always dangerous

  • look to statute, not the facts

    • if the felony can be done in a non-dangerous way, even once → NOT inherently dangerous

    • test is popular w courts that dislike felony murder

EX: vehicle evasion (running from cops) can be committed safely (fleeing on foot, driving slowly, driving recklessly) → NOT inherently dangerous

B. Facts-of-the-Case Test

• Ask: was the D’s actual conduct dangerous?

  • Focus on what actually happened

• EX: D flees police at 110 mph and kills someone

MOST STATES use a HYBRID of both tests

Merger Doctrine (Independent Felony Rule)

Felony murder does NOT apply when the underlying felony is assaultive in nature

Assaultive felonies involve threat of immediate violent injury

• if violence is already the goal, FM does not deter anything

• You can’t merge assault into homicide; otherwise every homicide would become FM

EX: assault, battery, child abuse, domestic violence

When does FM apply?

ONLY when the felony has an independent felonious purpose (NOT violence)

Two Step FM Merger Test

1. Is the felony integral to the homicide?

• if NO → FM

2. If yes, does the felony have an independent felonious purpose?

• if no → merges → no FM

• if yes → FM applies

Burglary Exception (Wilson)

• if burglary is committed for an assaultive purpose → merges

• if burglary is committed to steal → independent purpose →FM

Res Gestae Doctrine

homicide must occur during the furtherance of the felony

• the killing must occur “during” the felony - but “during” is interpreted broadly

• homicide can occur as part of continuous transaction, even after felony is over (ex - escape from the scene)

• Homicide must be a consequence of the felony, not just a coincidence 

• Courts consider: distance, timing, other factors 

3rd party killer doctrine: 3 approaches

1. Agency doctrine (“in cahoots”)

• responsibility for what your accomplices do (derivative)

• No FM if person who caused death was non-felon

• Majority

• Focus = identity of shooter

2. Proximate cause doctrine (someone dead)

• if felon sets in motion the acts which resulted in victim’s death, felon can be liable

• Felon “got the ball rolling”

• Focus: deadly result

3. New Jersey rule (good or bad person dead?)

• felon responsible if victim is innocent

• Felon NOT responsible if victim is co-felon/accomplice

• Focus: identity of victim

The Limitations on Felony Murder (inherently dangerous/merger)

create 2 parameters between which the felony-murder rule exists

• felony must be inherently dangerous but NOT assaultive