Chapter 6 - Crimes Against Persons: Homicide

Who do you think is the most prolific murder to date? Luis Garavito, location: Colombia, date range: 1992–1999, confirmed victims: 193

Homicide: one human being killing another human being

Three types of homicide

1. Justifiable homicide: one human killing another under circumstances authorized by the law

2. Excusable homicide: when one person kills another either by mistake or in an act of self-defense

3. Criminal homicide: the unlawful killing of another person

Accidental death: one that is caused by unintended or unexpected means

Accidental killing: a death that results from human action lawfully and purposely carried out with the reasonable belief that there would be no harm caused

Example of accidental killing: A person with peanut allergies dies after being served something with peanuts in it at a restaurant

Categories of criminal homicide

• First-degree murder: a murder that is premeditated and intentional

• Second-degree murder: a murder where the intent to kill is present but there was no premeditation with malicious aforethought

• Felony murder

• Voluntary manslaughter: the unlawful and intentional killing of another person in reaction to an adequate provocation

• Involuntary manslaughter: the unintended killing of another person that is caused during the commission of an act that is unlawful (that is not a felony) or that results from  criminal negligence.

• Negligent manslaughter/homicide

Muder: murder is the unlawful and intentional killing of a human being by another 

Two elements for the crime of murder

1. The defendant must have acted with the necessary specific intent to kill.  

2. The defendant’s conduct must have been the cause of the death of another human being.

Malice aforethought: having the intent to commit a crime with no just cause or provocation

Model Penal Code murder intent as purposely, knowingly, recklessly

The term purposely/knowingly homicide is a reference to the state of mind of the accused. To hold someone criminally responsible there must be proof that the actor had a conscious objective of causing a death or, at the very least, understood that death would occur from his/her actions.

The term reckless homicide makes the assumption that the accused was aware that his/her actions were creating significant risk of causing a death.

Two people are playing Russian Roulette with a revolver loaded with one bullet. The accused points the gun at the other player and pulls the trigger four times. On the fourth pull of the trigger, the gun discharges with the bullet striking and killing the other player. Based on the above definitions, did the accused possess the required intent for the crime of murder? True 

Do you think all states should have a uniform set of criminal homicide statutes, yes or no, and why or why not? I feel that having a uniform set of criminal homicide statutes for all states would create more consistency and fairness. All individuals would be treated equally across all states for similar crimes. Also, this would make it easier for law enforcement when navigating homicide laws.

Real-life example of a felony murder: kidnapping

Manslaughter: the form of criminal homicide that is considered to be slightly less serious than the crime of murder

3 voluntary manslaughter

1. An implied or expressed intent to kill another person

2. An adequate provocation

3. The conduct in question caused the death of another person

Adequate provocation: behavior/action that would provoke a reasonable person to react in the “heat of passion” with no “cooling off” period

Give an example of an adequate provocation that could lead someone to commit manslaughter. Serious Assault or Battery: If the victim physically attacks the defendant in a way that could reasonably provoke a deadly reaction.

Elements of involuntary manslaughter 

1. The killing of another person was unintentional 

2. Death occurred either during the commission of an act that is unlawful (that is not a felony) or that results from  criminal negligence. 

3. The unlawful act or negligence was the cause of death

A real-life example of involuntary manslaughter: someone driving while intoxicated and hitting a pedestrian.

Corpus Delecti: body of the crime

2 elements of corpus delecti for criminal homicide 

1. The death of a human being

2. The death was a result of a criminal action

Find a criminal homicide case that was prosecuted without a body being found. List name of victim, person convicted, location and date. Victim: Anne Marie Fahey, person convicted: Thomas Capano, location and date: Wilmington, Delaware on June 27, 1996

Definition of death: To charge someone with a criminal homicide, the death of a human being is a required element of the crime. With that in mind, it is important to have a working definition of what “death” means in a legal sense.

The UDDA approves two standards for determining that a person who has sustained: 

1. Irreversible cessation of circulatory and respiratory functions 

OR 

2. Irreversible cessation of all functions of the entire brain, including the brain stem, is dead

Time of death: the term for this requirement was the year and a-day rule

In regards to the year and a day rule, what are some differences between today and back during common law times that would make it easier to prosecute a criminal homicide case? Some differences are that in today's world, the criminal justice system has more forensic evidence capabilities, standardized legal definitions of crimes, better witness protection, and a more structured investigative process, which all contribute to a higher securing of a conviction.

Mass murders: killings involving multiple victims that occur at the same time

Based on the Mass Shooting video, what are some of the most common denominators these incidents have? Bullying, mental health concerns, and access to firearms

Serial murder: killings involving multiple victims over a period of range of time

Four types of serial killers 

1. Mission Oriented: these killers have a belief that their life goal or mission is to eliminate particular types of people from society. 

2. Hedonistic: these killers are looking for thrills during their killing, many of these type have sexual fantasies involved in their behavior.

3. Power Oriented: these killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy. 

4. Visionary: these killers claim that they are following orders or direction from a vision or a voice

Match the type of serial killer to the actual serial killer

Visionary - Ed Gein or David Berkowitz

Hedonistic - Jeffrey Dahmer or John Wayne Gacy

Mission Oriented - Gary Ridgeway or Joesph Paul Franklin

Power or Control Oriented - Dennis Rader or Ted Bundy

Doing some of your own research, list one serial killer who preferred to travel looking for victims and one serial killer who preferred to stay in one location, maybe in the effort to lure victims. Rodney Alcala traveled looking for victims; his crimes spanned across multiple states, including California, New York, and Washington. John Wayne Gacy stayed in the Chicago area, where he committed his crimes.