Study Notes on Homicide Law

5 HOMICIDE

5.1 COMMON LAW MURDER

  • Definition: Murder is defined as the unlawful killing of a human being with malice aforethought.
  • Malice Aforethought: Exists if:
    • There are no facts reducing the killing to voluntary manslaughter or any excuses (defenses) and
    • It was committed with one of the following states of mind:
    • Intent to kill.
    • Intent to inflict great bodily injury.
    • Reckless indifference to an unjustifiably high risk to human life (known as "abandoned and malignant heart" or "depraved heart").
    • Intent to commit a felony (known as felony murder).
  • Intentional Use of a Deadly Weapon: Authorizes a permissive inference of intent to kill.

5.2 STATUTORY MODIFICATION OF COMMON LAW CLASSIFICATION

  • In some jurisdictions, murder is divided into degrees by statute.
5.2.1 First Degree Murder
  • A murder will be classified as second degree murder unless it falls under the circumstances making it first degree murder, which include:
    • Deliberate and Premeditated First Degree Murder: If the defendant made the decision to kill in a cool and dispassionate manner and reflected on the idea of killing, even if for a brief period, it constitutes first degree murder. The defendant must have acted with intent or knowledge that their conduct would cause death.
    • First Degree Felony Murder: In many states, a killing committed during the commission of an enumerated felony is classified as first degree murder. Commonly listed felonies include:
    • Burglary
    • Arson
    • Rape
    • Robbery
    • Kidnapping
    • Other felonies that are inherently dangerous to human life are often included. Some jurisdictions may classify any felony as felony murder, typically resulting in second degree felony murder if not inherently dangerous.
    • Specific Circumstances: Some statutes classify certain types of killings as first degree murder, such as killings performed by torture, and the homicide of a police officer, provided the defendant knows the victim is an officer acting in the line of duty.
5.2.2 Second Degree Murder
  • If the jurisdiction divides murder into degrees, second degree murder is generally classified as:
    • A depraved heart killing (reckless indifference to an unjustifiably high risk to human life) or
    • Any murder not classified as first degree murder.

5.3 FELONY MURDER

  • Definition: Any death, including accidental death, caused during the commission or attempt to commit a felony is classified as murder. Malice is implied from the intent to commit the underlying felony.
5.3.1 Felonies Included
  • Initially, at common law, only a limited number of felonies (such as burglary, arson, and rape) were part of this classification. Modern statutes have created many additional felonies, with state statutes indicating specific felonies that may serve as the basis for felony murder.
5.3.2 Limitations on Liability
  • Several limitations apply to the felony murder rule:
    1. The defendant must have committed or attempted to commit the underlying felony; a defense negating an element of the underlying offense will also serve as a defense to felony murder.
    2. The felony must be distinct from the killing itself (for example, aggravating battery that causes a victim's death does not qualify as an underlying felony for felony murder liability).
    3. Death must have been a foreseeable result of the felony (a minority of courts require only that the felony be malum in se).
    4. The death must have occurred before the defendant's "immediate flight" from the felony ended; once the felon reaches a place of "temporary safety," subsequent deaths do not count as felony murder.
Hypothetical Scenario 5A
  • Context: Cheyenne and Sid hold up a convenience store. Cheyenne is drunk, and during the hold-up, Sid accidentally shoots and kills the convenience store owner.
  • Legal Question: Is Cheyenne guilty of felony murder? (This raises issues regarding involvement and liability in felony murder contexts.)