Criminal Homicide Notes
Homicide
Homicide is the killing of one human being by another. Criminal homicide is any act causing death with criminal intent and without lawful justification or excuse.
Malice Aforethought
Under modern law, malice aforethought includes any of the following mental states:
Intent to kill.
Intent to inflict grievous bodily injury.
Extreme reckless disregard for human life.
Intent to commit a felony that results in another's death.
The Beginning of Life
The definition of a human being isn't always limited to a child born alive.
Born-alive rule
Born-alive rule: The common law rule defining the beginning of life, for purposes of criminal homicide, as the birth of a live child.
Four Stages of Fetal Homicide
Viability: Fetus is developed enough to survive outside the womb (5-6 months after conception).
Quickening: First movement of the fetus (4-5 months after conception).
7-8 weeks after conception or when an embryo becomes a fetus.
Conception.
Feticide
Feticide: The unlawful killing of a fetus.
Infanticide
Infanticide: Killing a newborn child, is considered a homicide in all states.
In cases involving the death of newborns, officials question whether:
The child was born alive and physically separated from the mother’s womb.
The child showed independent respiration and heartbeat at the time of death.
The End of Life
To be considered homicide, the defendant’s conduct must have caused the death of someone who was alive at the time of the act.
Most states have adopted the Uniform Determination of Death Act, which defines death as:
Irreversible cessation of circulatory and respiratory functions.
Irreversible cessation of all functions of the brain, including the brain stem.
The Right to Die
The question arises whether individuals have the right to end their lives as individual rights to privacy and autonomy expands.
Assisted Suicide
Assisted suicide: The act of aiding or abetting another to commit suicide. It is criminal by statute in most states. Euthanasia differs from physician-assisted suicide.
Cases mentioned: People v. Cleaves, People v. Hearn.
Oregon and nine other states, including Washington D.C., have death with dignity statutes. Montana has no such statute, but the state's Supreme Court ruled in 2009 that nothing in the state law prohibited a physician from honoring a competent patient's request to assist.
Elements of Criminal Homicide
The elements are:
An act or omission.
That causes the death.
Of another human being.
With criminally culpable $\textit{mens rea}$.
Without lawful justification or excuse.
Premeditation and deliberation
Premeditation and deliberation: The mental state that raises second-degree murder to first-degree murder. It implies a cold-blooded killing.
Corpus Delicti Requirement
The prosecution cannot use the defendant’s statements or confession alone to prove that a crime has been committed. There must be proof that the victim died as a result of the accused person’s criminal act.
Corpus delicti
Corpus delicti: The required proof that a crime has been committed. In homicide cases, this usually means the corpse of the victim.
Actus Reus
Actus Reus: Act that produces death must be voluntary.
Examples of involuntary condition caused by an actor:
Knowingly driving while sleepy.
Knowingly drinking to the point of passing out.
Disregarding advice from doctors by driving or operating dangerous equipment knowing that one is subject to heart failure or epilepsy.
Driving or operating dangerous equipment while on a psychoactive substance.
One can be criminally liable for failure to act.
Mens Rea
Mens Rea: Critical to determine defendant’s state of mind at the time of killing for criminal homicide prosecutions.
Murder
Murder: The killing of another with the mental element of malice aforethought.
Manslaughter
Manslaughter: The killing of another without the mental element of malice aforethought.
Model Penal Code
The Model Penal Code specifies mental states designed to be more concise than the common law term “malice.”
Criminal homicide: Murder, manslaughter, and negligent homicide and if a person purposely caused a suicide.
Aiding or soliciting suicide is punishable as an independent second-degree felony if one’s conduct causes a suicide or suicide attempt.
Inference of Mens Rea from Circumstantial Evidence
The prosecutor must introduce evidence of circumstances surrounding the death.
Act of pointing a gun and shooting someone dead is evidence of an intent to kill.
Identifying a reason why a particular defendant killed a particular victim is useful to prosecution.
Causation
For a defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at time of the defendant’s actions.
If the victim is not yet alive or has already died, the defendant cannot be prosecuted for criminal homicide.
Year-and-a-Day Rule
Year-and-a-Day Rule: The causation rule that requires that, to classify a killing as a homicide, the victim must die within a year and a day after the act causing death occurred.
The “But-For” Test and Multiple Causes
The victim would not be dead “but-for” the actions of the defendant. Intervening acts have raised special concerns.
Courts have determined that such complications as medical malpractice and intervening criminal acts of others are foreseeable consequences of subjecting an innocent victim to injury.
Causation may become a critical issue when the actus reus of the criminal homicide is an omission.
Any individual characteristic that contributes to the victim’s death is an important factor.
The “Substantial Factor” Test
If two or more forces sufficient to cause death occur simultaneously, “but-for” test of causation fails.
Example: A drive-by shooting in which three perpetrators shoot the same victim. If medical examination establishes that each shooter’s conduct was a “substantial factor” in bringing about the victim’s death, each may be held liable for causing the victim’s death.
Without Lawful Justification or Excuse
Justification means the actor had a right or privilege to engage in conduct that otherwise would have been criminal.
Lethal force is justified in defense of human life, but not for the sole purpose of protecting property.
A defendant may have a legal excuse when death occurs under circumstances that the law recognizes as lacking moral culpability.
Types and Degrees of Criminal Homicide
Unless there are circumstances that excuse the killing:
All killings with malice are murder.
All killings without malice are manslaughter.
Types and degrees of homicide:
Murder.
Voluntary manslaughter.
Involuntary manslaughter.
Murder
Requires elements of criminal homicides:
Actus reus.
Mens rea.
Causation.
Death of the victim.
Lack of lawful justification or excuse.
Includes death due to recklessness. Mens rea for murder is present if the accused causes a death while committing a felony.
Malice
Malice: A state of mind connoting an “abandoned and malignant heart.” It is not limited to the specific intent to kill, since even a wanton or reckless state of mind may constitute malice.
Felony Murder Rule
Felony murder rule: When the accused kills in the course of committing a felony, the mens rea for murder is present in the intent to commit the felony, and therefore murder has been committed.
Potential victims of felony murder
Intended victim.
Innocent bystanders.
Law enforcement officers.
Non–law enforcement persons attempting to rescue the victim.
All co-felons.
Inherently dangerous felonies
Inherently dangerous felonies: Felonies involving conduct that is inherently dangerous to human life, such as rape, arson, and armed robbery.
Reckless Disregard for the Value of Human Life
In the absence of felony murder liability, prosecution for murder can still be pursued on the theory of reckless indifference to the value of human life.
Examples include drag racing on public streets and games of Russian roulette.
Division of Murder into Degrees
Murder in the first degree is committed under the following circumstances:
An intentional killing that is aggravated by premeditation and deliberation.
An unintentional killing committed by poison, torture, ambush, or bomb.
A killing occurring during the commission of specifically enumerated or inherently dangerous felonies (felony murder rule).
Capital murder: A charge of murder with the maximum punishment of death, often called murder in the first degree.
First Degree Murder in Pennsylvania
Homicide committed by an intentional killing.
Intentional killing is defined as killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
First Degree Murder in California
Planning activity prior to the killing.
Evidence of a motive.
Manner of killing “so particular and exacting that defendant must have intentionally killed according to a ‘preconceived design.
Defense strategies against murder charges can include the following:
Self-Defense:
Asserting that the use of lethal force was justified to protect oneself from imminent harm.
Must demonstrate a reasonable belief of threat and that the response was proportionate to the threat faced.
Insanity Defense:
Claiming that the defendant was not in a sound state of mind at the time of the crime, preventing them from understanding the nature of their actions or distinguishing right from wrong.
Voluntary Intoxication:
Arguing that intoxication impaired the defendant's ability to form the necessary intent for murder. However, this defense may not apply in all jurisdictions and typically works better for lesser charges like manslaughter.
Involuntary Intoxication:
Asserting that the defendant was unknowingly intoxicated or forced into intoxication, impacting their state of mind and actions.
Accident:
Claiming the death was unintentional and was the result of an accident rather than a deliberate act.
Mistake of Fact:
Asserting that the defendant had a misunderstanding about a fact that, had it been true, would have justified their actions.
Necessity:
Arguing that the act of killing was necessary to prevent a greater harm or evil, thus justifying the action taken.
Alibi:
Presenting evidence that the defendant was not present at the crime scene during the time the murder occurred.
Duress:
Claiming the defendant was forced to commit murder under threat of immediate harm to themselves or others.
Entrapment:
Arguing that the defendant was induced or coerced into committing murder by law enforcement or other authorities.