SESSION 3. MURDER AND MANSLAUGHTER

Offenses Against the Person

Topic: Murder and Manslaughter

Course: Criminal Law II: Session 3

Crimes Against Life

Definition:Criminal offenses that specifically target the physical existence of human beings, compromising their right to life.Scope:Legal protections extend from the moment of conception until natural death, emphasizing the sanctity of life at all stages.Legal Framework:Life is safeguarded by autonomous legal norms that vary across jurisdictions but universally aim to protect individuals against unlawful acts that endanger their existence.

Content Overview

Part I topics include:

• Murder and Manslaughter:A detailed exploration of classifications, degrees, and the implications of both, including the mental states necessary for prosecution.

• Assistance in Suicide and Euthanasia:Examination of legal frameworks governing these acts, ethical dilemmas faced by medical professionals, and varying cultural perspectives.

• Physical Harm and Domestic Violence:Discussing the legal consequences and societal impact of intimate partner violence and the protective measures in place.

• Sexual Crimes:Covers the legal definitions and implications surrounding rape and sexual assault, addressing consent, coercion, and the legal rights of victims.

• Confinement and Kidnapping:Analysis of legal definitions and penalties associated with unlawful restraint and abduction.

International Protection of Life

Relevant Legal Articles:

• Article 3 of the Universal Declaration of Human Rights:Asserts that everyone has the right to life, liberty, and personal security.

• Article 2 of the European Convention on Human Rights:Guarantees the right to life and outlines state obligations to protect this right.Key Rights Include:Respect for life, liberty, and personal security, with specific prohibitions against intentional deprivation of life.Acceptable Use of Force Under Specific Circumstances:

• Self-defense from unlawful violence

• Lawful arrests where the use of force is essential

• Suppression of riots or insurrections under lawful authority.

Homicide Concept

Definition of Criminal Homicide (Article 210):This provision clarifies critical terms, including 'human being,' 'bodily injury,' and 'deadly weapon,' establishing that criminal homicide occurs when one individual causes the death of another while taking into account different states of mind such as purpose, knowledge, recklessness, or negligence.

Homicide Legal Framework

New York Penal Law Basics:The death of a person or unborn child under specific conditions is categorized as:

• Murder (1st & 2nd degree):Defined by intent and severity of circumstances surrounding the event.

• Manslaughter (1st & 2nd degree):Involves causing death under circumstances that do not rise to the level of murder, often involving emotional disturbance.

• Criminally Negligent Homicide:Involves a failure to be aware of a substantial risk resulting in death.

Homicide Definitions by Country

Germany: No explicit statutory definition of homicide, relying instead on legal interpretations derived from case law.Spain: Utilizes a straightforward definition where killing another human being, regardless of the motive, constitutes homicide under the law.

Protected Legal Good

Legal Good in Homicide Law:The fundamental legal good protected is the right to life, which necessitates punishment for unlawful killings to uphold the concept of independent human life. Additionally, dependent life forms are protected through various legal frameworks, including those addressing abortion rights.

Main Elements of Homicide

Key Components:

• Active Subject:Any individual can potentially commit homicide, regardless of social status or background.

• Passive Subject:The victim can be anyone; specific characteristics of the victim (e.g., age, vulnerability) may result in increased penalties.

• Material Object:The action must directly target the victim's body, establishing a clear causative link to the death.

• Type of Crime:Homicide is classified as a result crime, meaning the offense is completed only upon the death of the victim.

• Injured:The focus of legal protection is necessarily the victim, whose rights and existence are compromised in cases of homicide.

Legal Good and Consent

The legal good of life is characterized by its inviolability; therefore, consent from the victim cannot serve as a legal justification for homicide, regardless of circumstances.

Elements of Crime

Criminal Conduct:This encompasses all acts deemed prohibited under the law, forming the basis for prosecution.Typicity:The facts of a case must align with established criminal definitions and statutes.Objective Type (Actus Reus):This involves the actual behavior or act causing harm, including causation and objective attribution.Subjective Type (Mens Rea):Focuses on the mental state of the defendant at the time of the act, including intent and negligence.Unlawfulness:Determines whether the act is legally prohibited.Culpability:Assesses whether the act is blameworthy or subject to legal consequences.

Typicity in Criminal Cases

Subjective Type Examples:

• Intent: Willful commission—first-degree murder.

• Direct Intent: Intention to kill directly leading to homicide.

• Prospective Intent: Engaging in an action knowing it has a high risk of fatal outcomes leads to second-degree murder.

• Recklessness & Unconscious Negligence: Acts demonstrating a disregard for life or failure to perceive obvious risks.

Elements of Homicide

Conduct:Any action, omission, or failure to act that results in death is recognized under homicide definitions. Establishing causation and objective imputation is crucial to prosecution.

Homicide Typicity

Typicity:Requires clarity on classification:

• Murder: Defined by intent and imprudence, indicating a conscious disregard for life.

• Manslaughter: Defined under legal standards for negligent homicide, implying a lesser degree of intent.

Homicide Considerations

Homicide is intrinsically a result crime; the successful completion hinges on the victim's death. While analyzing attempted murder or completed acts leading to death, the intention behind attempts must be evaluated meticulously to establish appropriate charges.

Attempt Analysis in Homicide

Careful evaluation of the relationship dynamics between the aggressor and victim is necessary. Investigations must delve into pre-offensive behavior, characteristics of aggression displayed, types of weapons used, and the nature of the act to establish culpability.

Categories of Homicide

Based on Model Penal Code:

• Murder (1st degree): Premeditated with intent to kill.

• Manslaughter (2nd degree): Involving reckless disregard for human life or an emotional state leading to unintentional killing.

• Negligent Homicide (3rd degree): Fatal outcomes resulting from criminal negligence.

Homicide Categories by Country

Germany:Has established legal definitions for murder and manslaughter based on intent and circumstances, with potential for varying sentences based on case details.Spain: Maintains simpler definitions for murder and breaks down manslaughter into various classifications and degrees of severity.

Murder Definitions in Law

Model Penal Code:Defines murder as purposeful or knowing homicide and includes provisions for extreme indifference toward human life in various contexts as contributing factors to murder prosecutions.

Murder Under New York Law

• 1st Degree Murder: Characterized by an intent to cause death, particularly against specific victim categories (e.g., police officers).

• 2nd Degree Murder: Involves killings carried out under severe emotional disturbance or depraved indifference to human life, affecting the degree of culpability.

Murder Definitions by Country

Germany:Defines murder according to motives driving the act and particular actions that support intents, with individual circumstances influencing legal outcomes.Spain:Employs a general definition encompassing the killing of another, regardless of circumstances or intent, leading to varied legal interpretations.

Aggravated Murder

Model Penal Code:Identifies numerous degrees of murder, with aggravating factors determining the severity of penalties imposed.New York Law:Lists common aggravating circumstances that affect sentencing, including prior offenses or murder committed in the course of another crime.

Aggravated Murder by Country

German Penal Code:Does not distinguish a separate definition for aggravated murder but integrates aggravating factors into broader homicide classifications.Spanish Penal Code:Provides for aggravating factors, such as the victim’s characteristics and the modes of the act, affecting legal consequences.

Differences in Homicide Laws

Anglo-American vs. Spain:Differentiates in the interpretations of mens rea, affecting the handling of homicide cases across jurisdictions.Germany:Emphasizes motives influencing classifications of homicide, reflecting a more nuanced approach to legal definitions.

Manslaughter Definitions

Model Penal Code:Differentiates between voluntary manslaughter (where intent is present) and involuntary manslaughter (often tied to reckless acts or negligence).New York Law:Specifies different degrees of manslaughter, where the circumstances leading to death play a critical role in determining the exact charge.

Manslaughter by Country

German Penal Code:Defines manslaughter in the context of varying sentencing scenarios based on the act's circumstances.Spanish Penal Code:Distinguishes the severity of recklessness involved in manslaughter, leading to differing legal implications for perpetrators.

Example Analysis: Murder or Manslaughter?

Case study of A hitting B with a hammer; analysis will employ several factors: intent, outcome, and context surrounding the event to understand legal classifications of the act.

Further Example Analysis

The case of A breaking B's cheekbone, leading to a delayed death; includes analysis regarding the perpetrator’s actions and foresight regarding consequences.

Assessing Risk and Intent

Evaluating the risk and foreseeability associated with an actor’s actions; the likelihood of death is paramount in influencing legal classification relevant to homicide.

Assignment Case Study

Scenario involving Mike and Andrew's altercation resulting in Mike's death; requires analysis of culpability and implications under applicable homicide laws.

Assignment Tasks

• Identify definitions of homicide, murder, and manslaughter as outlined in the legal texts.

• Breakdown of actus reus and mens rea in context to case scenarios.

• Analyze the distinctions between murder and manslaughter in the context of Andrew's case, providing a detailed argumentation based on evidentiary standards.

Pistorius Case Overview

Key components include the factual background of the incident, charges levied, arguments presented by both prosecution and defense, detailed discussions of self-defense, the rationale behind appeals, the critical role of evidence, and evaluating the case outcome in the legal context.

Murder Charges Overview

Central charges in homicide contexts might include discharging firearms under unlawful conditions and possession of ammunition without intent, creating layers of criminal responsibility.

Prosecution's Argumentation

Prosecution claims are assessed based on witness testimonies and the situational context of the shooting incident, with a focus on evidentiary support.

Defense Arguments

Defense asserts centered around anxiety disorders and perceptions during the incident, providing a narrative arguing for accidental firing and mitigating factors that blur guilt under legal scrutiny.