Homicide and Felony Murder

Learning Objectives

• Define homicide

• Identify non-criminal homicide

• Identify the elements of Murder

• Define premeditation

• Define the felony murder rule

• Identify the individual BARRK felonies

• Differentiate between Murder 1 and Murder 2

• Identify the elements of Manslaughter

• Identify the elements of Homicide by Abuse

• Differentiate between Murder and Manslaughter

Homicide Categories and Examples (Non-Criminal / Justifiable / Excusable)

• Non-Criminal Homicides (a refresher) and Justifiable Homicide

• Use of Deadly Force by LE: RCW 9A.16.040

• Civilians / non-LE: RCW 9A.16.050

• Excusable Homicide (accidental, no criminal negligence): RCW 9A.16.030

  • Example: Swerve to avoid hitting a child in the street and accidentally kill another pedestrian

• Homicide: causes death of another person

Criminal Homicides Overview

• Criminal Homicides include: EXCUSABLE, NON-CRIMINAL, JUSTIFIABLE, and CRIMINAL categories

• Murder 1 (HOMICIDE MURDER) and Murder 2 (CRIMINAL MANSLAUGHTER)

• Man 1 (reckless) – Intentional and Premeditated

• Man 2 (criminal negligence) – Felony-Murder (BARRK)

• Felony-Murder – BARRK (Burst of categories) and other subcategories: By Abuse, Controlled Substance, Vehicular Homicide

The Felony Murder Rule

• Core concept: A death occurring during the commission of a felony can lead to Murder charges

• Statutory references:

  • $9A.32.030: ext{A killing during BARRK felonies results in Murder 1}$

  • $9A.32.050: ext{A killing during non-BARRK felonies results in Murder 2}$

• Formula (conceptual): $ext{BARRK Felony} + ext{Death} ightarrow ext{Murder 1}$

  • Note: Applies even if there was no intent to kill

• Term: FELONY MURDER RULE

The BARRK Felonies (Murder 1)

• BARRK stands for the core felonies:

  • Burglary (1 & 2)

  • Arson

  • Robbery (1 & 2)

  • Rape (1 & 2)

  • Kidnapping (1 & 2)

• Relationship: If a death occurs during any of these felonies, it can be Murder 1

Non-BARRK Felonies – Murder 2

• Felonies not included in BARRK may lead to Murder 2 if a death occurs during the commission of those felonies

• Examples listed: Assault, Burglary (2), Murder 2, Any other Felony

Premeditation and Planning

• Premeditation = Intent plus prior planning; “think about beforehand”

• Key components to establish premeditation:

  • Premeditate means to plan ahead; more than a moment in time

  • Consider motive, stealth, method, and overall plan

• RCW reference: $9A.32.020: ext{Murder in the First Degree (Class A Felony)}$

• Mnemonic: "Premeditated + Intent" must be more than a moment; Planning/Plotting/Deliberation

• Visual cue: “Time to Chill, But Still Kill” as a mnemonic for the need for a period of reflection beyond a brief moment

Murder 2 – Intent without Premeditation

• If there is intent to kill but without premeditation, this aligns with Murder 2

• Associated RCW: $9A.32.050: ext{Murder 2 (Class A Felony)}$

• Concept: Killing during a non-BARRK felony may yield Murder 2

Manslaughter

• Manslaughter 1st (Class A Felony)

  • Mental State: Recklessly causes death of another, OR intentionally causes death of an unborn quick child

• Manslaughter 2nd (Class B Felony)

  • Mental State: With criminal negligence causes death of another

• RCW references: $9A.32.060: ext{Manslaughter 1}$, $9A.32.070: ext{Manslaughter 2}$

• Homicide by Abuse (RCW 9A.32.055) – Class A Felony

  • Mental state considerations: Extreme indifference to life

  • Act: Involves special victim considerations (child, dependent, or disabled) and patterns of prior abuse

Homicide by Abuse – Key Details

• Mental State: Extreme indifference to life

• Act: Pattern or practice of assault or torture against the same victim

• RCW: $9A.32.055: ext{Homicide by Abuse (Class A Felony)}$

Review of Learning Objectives

• Re-list of objectives:

• Define homicide

• Identify non-criminal homicide

• Identify the elements of Murder

• Define Premeditation

• Define the Felony Murder Rule

• Identify the BARRK felonies

• Differentiate Murder 1 vs Murder 2

• Identify the elements of Manslaughter

• Identify the elements of Homicide by Abuse

• Differentiate Murder from Manslaughter

Quick Reference: Key Legal Statutes and Principles

• RCWs:

  • $9A.16.040$: Use of Deadly Force by Law Enforcement

  • $9A.16.050$: Civilians/non-LE deadly force context

  • $9A.16.030$: Excusable Homicide (accidental, no criminal negligence)

  • $9A.32.020$: Murder in the First Degree (Premeditation requirement)

  • $9A.32.030$: Murder 1 due to BARRK during felonies

  • $9A.32.050$: Murder 2 due to non-BARRK felonies

  • $9A.32.055$: Homicide by Abuse

  • $9A.32.060 - 9A.32.070$: Manslaughter classifications and criteria

• Concepts to master:

  • Homicide definitions (homicide vs criminal homicide vs excusable vs justifiable)

  • Premeditation and its temporal threshold (more than a moment; planning, motive, method, plan)

  • Felony Murder Rule and BARRK felonies

  • Distinctions between Murder 1, Murder 2, Manslaughter 1, and Manslaughter 2

  • Homicide by Abuse and special victim considerations