Fall 2013 Intentional Homicide In New York. Murder in the Second Degree Murder in the First Degree Murder of a Police Officer Murder using torture Murder

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Fall 2013Intentional Homicide In New YorkMurder in the Second DegreeMurder in the First DegreeMurder of a Police OfficerMurder using tortureMurder of a JudgeManslaughter in the First Degree Extreme Emotional DisturbanceIntentional Homicide in NYMurder in the Second DegreeIn order for you to consider Murder in the First Degree or Manslaughter in the First Degree, you must FIRST consider Murder in the Second DegreeWHY? All the elements of Murder in the Second Degree are also contained in the other offenses.BUT the other offenses have ADDITIONAL elements.THE BASE CRIMEIntentional Homicide in NYMETHODRead the StatuteBreak into ElementsApply facts to elementsA person is guilty of murder in the second degree when with intent to cause the death of another person, he causes the death of such person or of a third personMurder in the Second Degree (Penal Law 125.25 [1])A person is guilty of murder in the second degree when: with intent to cause the death of another person, he causes the death of such person or of a third personMurder in the Second Degree (Penal Law 125.25 [1])or of a third personTRANSFERRED INTENTor of a third person = transferred intentIf a person intends to do something to one person (i.e., the intended victim) but unintentionally does something to another (i.e., the victim), that person is still guilty of that crime as if s/he intended to do that to that victimA person is guilty of murder in the second degree when with intent to cause the death of another person, he causes the death of such person or of a third person.Murder in the Second Degree (Penal Law 125.25 [1])ELEMENTS (SET UP)HARMCAUSATIONINTENTLOOK FOR:Murder in the Second Degree (Penal Law 125.25 [1])ELEMENTS (SET UP)HARM. A specific harmCAUSATION. Causing a specific harm to a specific personINTENT. Intending to do a specific harm to that person (or another)Murder in the Second Degree (Penal Law 125.25 [1])ELEMENTS (SET UP)HARM. What is the specific harm for murder?Death of anotherMurder in the Second Degree (Penal Law 125.25 [1])ELEMENTS (SET UP)CAUSATION. Causing a specific harm to a specific personCAUSATION. Causing death to a specific personMurder in the Second Degree (Penal Law 125.25 [1])ELEMENTS (SET UP)INTENT. Intending to do a specific harm to that person (or another)INTENT. Intending to cause the death of that person (or another)Murder in the Second Degree (Penal Law 125.25 [1])ELEMENTS (SET UP)HARM. DeathCAUSATION. Causes the death to a specific personINTENT. Intended to cause death of that person (or another)Murder in the Second Degree (Penal Law 125.25 [1])ELEMENTSDefendant causes the death of a person (or of a third person) [Harm and causation]S/He intended to cause the death of another person [Intent]FORMULASMurder in the Second Degree+Murder in the First Degree+Aggravating FactorsManslaughter in the First DegreeExtreme Emotional DisturbanceCausationIntent+CausationIntentDefendant is 18+ YO++CausationIntentRULEIF THE ELEMENTS TO MURDER IN THE SECOND DEGREE ARE NOT THERE, THEN THERE CAN BENO MURDER IN THE FIRST DEGREE, NO MANSLAUGHTER IN THE FIRST DEGREEMurder in the First Degree (Penal Law 125.27 [1])WHERE INTENDED VICTIM WAS A POLICE OFFICERA person is guilty of murder in the first degree whenWith intent to cause the death of another person, he causes the death of such person or of a third person; and(a) (i) the intended victim was a police officer who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was a police officerMurder in the First Degree (Penal Law 125.27 [1])WHERE INTENDED VICTIM WAS A POLICE OFFICERDefendant caused death of anotherDefendant intended to cause death of anotherThe intended victim was a police officerAt the time of killing, police officer was engaged in the course of performing official dutiesDefendant knew or reasonably should have known that intended victim was a police officerMurder in the First Degree (Penal Law 125.27 [1])WHERE DEFENDANT TORTURED VICTIM A person is guilty of murder in the first degree whenWith intent to cause the death of another person, he causes the death of such person or of a third person; and(a) (x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death.Murder in the First Degree (Penal Law 125.27 [1])WHERE DEFENDANT TORTURED VICTIM As used in this subparagraph, torture means the intentional and depraved infliction of extreme physical pain; depraved means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical painMurder in the First Degree (Penal Law 125.27 [1])WHERE DEFENDANT TORTURED VICTIMDefendant caused the death of anotherDefendant intended to cause the death of anotherPrior to the victims death, the defendant engaged in a course of conduct and inflicted torture upon the victimIn doing so, the defendant acted in an especially cruel and wanton mannerMurder in the First Degree (Penal Law 125.27 [1])WHERE THE INTENDED VICTIM IS A JUDGE A person is guilty of murder in the first degree whenWith intent to cause the death of another person, he causes the death of such person or of a third person; and(a) (xii) the intended victim was a judge as defined in and the defendant killed such victim because such victim was, at the time of the killing, a judgeMurder in the First Degree (Penal Law 125.27 [1])WHERE VICTIM WAS A JUDGE Defendant caused the death of anotherDefendant intended to cause the death of anotherThe intended victim was a judgeThe defendant killed the judge because such victim was, at the time of the killing, a judgeMurder in the First Degree (Penal Law 125.27 [1])PLUS... The defendant was, at the time of the killing, over 18 years old+Manslaughter in the First Degree (Penal Law 125.20 [1])EXTREME EMOTIONAL DISTRESSA person is guilty of manslaughter in the first degree whenWith intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbanceManslaughter in the First Degree (Penal Law 125.20 [1])ELEMENTSDefendant caused the death of anotherDefendant intended to cause the death of anotherThe defendant had an extreme emotional disturbance. The defendant acted under the influence of that extreme emotional disturbance. The explanation or excuse for such extreme emotional disturbance that was reasonable. The reasonableness of that explanation or excuse must be determined from the viewpoint of a person in the defendants situation under the circumstances as the defendant believed them to be. ExerciseWorking in a group, you will apply the law to the fact patterns in the book and make a presentation to the class.Make sure you follow the steps!PreparationShould the defendant be charged with Murder in the 1st degree? Murder in the 2nd degree? and/or Manslaughter in the first degree?Are all the elements met?Preparation StepsFact PatternAnalyze Murder in the 2nd DegreeFurther AnalyzeMurder 1st Degree and/or Manslaughter 1st Degree

Step 1: Read the Fact PatternLook to see if there was a deathLook to see who is whoWho is the victim (judge or police officer)?Who was the intended victim?Who is the actor and age?Who is an accomplice and age?Look to see how the person diedStep 2: Murder in the Second? [BASE]Did someone die?Did the defendant cause that death?Did the defendant intend to cause that death?Step 3: Murder 1st / Manslaughter 1st?Was the victim a judge?Was the intended victim a police officer?Was the victim tortured?Was the defendant over 18 years old?Was the defendant acting under EED?MURDER IN THE FIRST DEGREE? POLICE OFFICERWas the intended victim a police officer?Was the officer at the time engaged in official duties?Did the defendant know or reasonably should have known that the intended victim was an officer?WAS THE OFFICER AT THE TIME ENGAGED IN OFFICIAL DUTIES?Was the officer on duty? ORWhat was the officer doing?Did the defendant know or reasonably should have known that the intended victim was an officer?In uniform?Shield out?Stated s/he was a police officer?Past experience with this police officerCharlie is running an illegal gambling establishment. Debbie, a police officer, is assigned to investigate. She enters the establishment and announces that she is a police officer and that everyone is under arrest. Charlie sees Debbie and yells that no cop is going to shut him down. He pulls his gun, fires and shoots her dead.EXAMPLEDOES IT MEET THE ELEMENTS FOR MURDER IN THE SECOND DEGREE?ANALYSISDid someone die? YES (Debbie died)Did the defendant cause that death? YES (Charlie shot her)Did the defendant intend to cause that death? YESTherefore, the elements are satisfiedDOES IT ALSO MEET THE ELEMENTS FOR MURDER IN THE FIRST DEGREE? POLICE OFFICER Was the intended victim a police officer? YESWas the officer at the time engaged in official duties? YES (she was arresting Charlie)Did the defendant know or reasonably should have known that the intended victim was an officer? YES (she announced that she was a police officer)EXAMPLE, CONTINUEDANALYSISCharlie can be found guilty of murder in the first and second degree.First, Charlie can be found guilty of murder in the second degree:The first element, causing the death of another, is satisfied in that Charlie caused the death of Debbie since he shot her; andThe second element, the defendant intended to cause the death of another, is satisfied in that Charlie intended to cause the death of Debbie because he aimed the gun at her.Therefore, the elements of murder in the second degree are satisfied.EXAMPLE, CONTINUEDPRESENTATIONNext, Charlie c

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