Homicide

Homicide

The killing of a living human being by another human being

• Animals cannot commit a homicide and killing an animal is not a homicide

• Victim cannot already be dead

• Suicide is not homicide; but assisting someone to commit suicide can be a homicide.

Causation

• There must be a causal relationship between D’s actions and what happened to the victim.

• Actual causation: victim would not have died “but for” what D did.

• Proximate causation: D’s act is a foreseeable cause of the victim death (death is the natural and probable result of the conduct).

• Independent actions by a third person are generally not a foreseeable cause.

• Assisted suicide is a homicide by the assister, except in jurisdictions that permit assisted suicide.

Common Law Murder

unlawful killing of another human being committed with malice aforethought.

Malice can be shown by the following:

1. Intent to kill

   • D acted with desire that victim end up dead.

   • Intent need not premeditated; can be formed the moment before the killing.

2. Intent to inflict serious bodily harm

   • Intends to inflict serious bodily harm but succeeds in killing the victim.

3. Reckless indifference (depraved heart)

   • D acted with cavalier disregard of human life and a death resulted.

   • D must realize that his conduct is really risky but need not have intent regarding the outcome.

   • Majority/MPC: D must actually realize that there is danger

   • Minority: a reasonable person would have recognized the danger.

4. Felony murder

   • is an unintentional killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony. To convict D, the underlying felony must either attempted or completed.

   • BARRK: Burglary, Arson, Rape, Robbery, Kidnapping.

     • Dangerous Felony must be independent killing itself. E.g., aggravated assault that resulted in death is not felony murder.

   • Felony murder can also involve:

     • Someone resists felony

     • Bystander killed during a felony

     • Third person killed by the resister or police officers (minority)

   • Majority—agent theory: D is only responsible for the crimes of D’s agents. D is not responsible for victim/police or third party’s conduct if they kill a bystander.

     • (Minority/proximate-cause theory) Third person killed by the resister or police officers, D is liable for felony murder because the death is the direct result.

   • If a co-felon is killed by a resister or police officer:

     • Majority: D is not guilty of felony murder.

     • Minority: D might be guilty of felony murder.

Defenses to Common Law Felony Murder

i. A valid defense to the underlying theory

ii. Felony was not distinct from or independent of the killing itself

iii. Death was not foreseeable or natural and probable consequence of felony; or

iv. Death occurred after the crime is committed and the ensuing fled from the scene

First-Degree Murder: statutory

is a specific-intent crime.

Two types:

1. A deliberate and premeditated murder meaning D reflected on the idea of killing or planned killing. After forming an intent to kill, D must have had sufficient time for reflection and fully conscious of the intent.

2. Felony Murder: is an unintentional killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony. To convict D, the underlying felony must either attempted or completed.

   • BARRK: Burglary, Arson, Rape, Robbery, Kidnapping.

Manslaughter

All unlawful killings of another human being that are not first-degree or common law murder.

Two types: voluntary and involuntary.

Voluntary Manslaughter

intends to kill the victim but his state of mind is less blameworthy than murder

D acted in the “heat of passion,” OR

D acted “under extreme emotional disturbance”

Involuntary Manslaughter

is an unintentional homicide committed with criminal negligence of someone while committing a crime other than those covered by felony murder.

A defendant who engages in criminally negligent conduct and causes a death is guilty of involuntary manslaughter (traffic deaths)

a. Criminal negligence: grossly negligence conduct that puts another at a significant risk of serious bodily injury or death.

• Under MPC: D must have acted recklessly—gross deviation from the standard of conduct of a law-abiding person.

b. Unlawful act: occurs in two ways

i) Misdemeanor manslaughter: killing committed in the commission of malum in se; OR

ii) A killing committed during a felony but not first or second degree murder.

c. Causation:

• There must be a casual connection between the unlawful act and the death for involuntary manslaughter to apply.