Homicide in Criminal Law

Learning Objectives

  • Summarize the Model Penal Code’s attempts at reforming common law approaches to homicides.
  • Explain how the law attempts to deter suicide and assisted suicide.
  • Distinguish between the different types of manslaughter and criminally negligent homicide.
  • Differentiate between the different types of murder.
  • Define the corpus delicti for different forms of criminal homicide.

Elements of Homicide

  • Corpus delicti: The body or substance of a crime.
    • Death of a human being.
    • Criminal agency of another person as the cause of death.
  • Homicide: Unlawful killing of a human being.

Understanding Killing

  • Killing: Causing human death.
  • What is death?
    • Common law definition: End of heart and respiratory functions.
    • Modern legal definition: End of brain functions.
  • What is life (human being)?
    • Common law “born alive” rule.
    • Fetal homicide laws: Recognition of fetuses in homicide cases.

Time Limitations

  • Common law "year-and-a-day" rule for legal relevance on cause of death.
  • MPC reform regarding time limitations.
  • Cause-in-fact and proximate cause analyses to determine responsibility.

Proving Criminal Agency

  • Evidence concerns: Handling cases without a body or through autopsy findings.
    • Direct evidence vs Circumstantial evidence: Quality and type of evidence matters in proving cases.
    • Influence of the CSI effect on jurors' perceptions of evidence.

Types of Murder

  • Murder: Homicide committed with "malice aforethought".
    • Express malice: Specific intent.
    • Implied malice: General intent.
First-Degree Murder
  • Definition: Homicide committed with specific intent and premeditation.
  • Mens Rea: Malice aforethought indicating purpose or knowledge.
  • Specific Forms: Necessary deliberation, premeditation, or other aggravating circumstances (e.g., poison, torture).
  • Felony murder: Death that occurs during the commission of a felony.
    • Requirements for felony murder need to include inherently dangerous felonies.
Second-Degree Murder
  • Definition: Homicide committed with specific intent but without premeditation.
  • Mens Rea: Demonstrates malice aforethought or intent without deliberation.
  • Situations include intent to cause serious bodily harm or extreme recklessness (depraved heart).

Manslaughter

  • Definition: Homicide committed without malice aforethought.
Types of Manslaughter
  • Voluntary Manslaughter:
    • Committed with intent to kill under mitigating circumstances.
    • Based on provocation or heat of passion.
    • Imperfection self-defense and extreme emotional disturbance (EED) considered.
  • Involuntary Manslaughter:
    • Committed unintentionally with recklessness or negligence.
  • Unlawful Act/Misdemeanor Manslaughter:
    • Unintentional during commission of unlawful acts.
    • Underlying act must be a misdemeanor.

Homicide Under MPC

  • MPC Reforms: Transition from common law to mens rea-based classifications.
    • Murder includes first and second-degree, requiring evidence of depraved heart for felony murders.
    • Manslaughter defined as recklessness or extreme emotional disturbance; includes voluntary and involuntary categories.
    • Criminally negligent homicide is defined as negligence.

Suicide and Assisted Suicide

  • Historically illegal under common law: Seen as a loss for the state (Crown’s loss).
  • Modern attitudes: Move towards rejection of criminalizing suicide; discussions around euthanasia.
    • Passive euthanasia: Withdrawal of treatment facilitating natural death (legal).
    • Active euthanasia: Direct act of causing death (considered murder unless legal in certain states).
    • Physician-assisted suicide: Legal in approximately 10 states, raising constitutional questions.