prentice hall ©2006 pearson education, inc. upper saddle river, nj 07458 criminal law today by...

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

Criminal Law TodayBy Frank Schmalleger, PH.D

Homicide LawsHomicide Laws

Legal and Social Dimensions of Personal Legal and Social Dimensions of Personal Crime: Homicide Crime: Homicide




Accidental DeathsAccidental Deaths

Accidental Death:Accidental Death: A death that is caused by unexpected or A death that is caused by unexpected or

unintended meansunintended means Accidental Killings: Accidental Killings:

A death that is the result of a purposeful A death that is the result of a purposeful human act lawfully undertaken in the human act lawfully undertaken in the reasonable belief that no harm would reasonable belief that no harm would resultresult



HomicideHomicide

The killing of a human being by theThe killing of a human being by the Act of another human being Act of another human being Procurement of another human being Procurement of another human being Omission of another human being Omission of another human being

Suicide is not includedSuicide is not included There are three basic types of There are three basic types of

homicidehomicide Justifiable homicideJustifiable homicide Excusable homicideExcusable homicide Criminal homicideCriminal homicide



Justifiable HomicideJustifiable Homicide

Homicide that is permitted under the Homicide that is permitted under the lawlaw

A killing justified for the good of societyA killing justified for the good of society The killing of another in self-defense The killing of another in self-defense

when danger of death or serous bodily when danger of death or serous bodily harm existsharm exists

The killing of a person according to The killing of a person according to one’s duties or out of necessity but one’s duties or out of necessity but without blamewithout blame



Excusable HomicideExcusable Homicide

Killing in a manner that the criminal Killing in a manner that the criminal law does not prohibitlaw does not prohibit

Homicide that may involve some Homicide that may involve some fault but is not criminal homicidefault but is not criminal homicide

Example: a death caused by a Example: a death caused by a vehicular accident in which the driver vehicular accident in which the driver was not negligent was not negligent



Criminal HomicideCriminal Homicide

The purposeful, knowing, reckless, or The purposeful, knowing, reckless, or negligent causing of the death of negligent causing of the death of one human being by anotherone human being by another

That form of homicide for which That form of homicide for which criminal liability may be incurredcriminal liability may be incurred

May be classified as murder, May be classified as murder, manslaughter, or negligent homicidemanslaughter, or negligent homicide



MurderMurder

The unlawful killing of a human The unlawful killing of a human being, carried out with malice or being, carried out with malice or planned in advanceplanned in advance

In common law, the killing of one In common law, the killing of one human being by another with malice human being by another with malice aforethoughtaforethought

There may be various degreesThere may be various degrees



Manslaughter Manslaughter

The unlawful killing of a human being The unlawful killing of a human being without malicewithout malice

Differs from murder in that malice Differs from murder in that malice and premeditation are lackingand premeditation are lacking

There may be various kindsThere may be various kinds



Negligent HomicideNegligent Homicide

The killing of a human being by The killing of a human being by criminal negligencecriminal negligence

The killing of a human being by the The killing of a human being by the failure to exercise reasonable, failure to exercise reasonable, prudent careprudent care

A criminal offense committed by one A criminal offense committed by one whose negligence is the direct and whose negligence is the direct and proximate cause of another’s deathproximate cause of another’s death



Corpus DelictiCorpus Delicti

In criminal homicide, In criminal homicide, corpus delicticorpus delicti consists of the death of a human consists of the death of a human being and the fact that the death being and the fact that the death was caused by a criminal act or was caused by a criminal act or agency of another personagency of another person

There exists the requirement that the There exists the requirement that the victim’s death was the natural and victim’s death was the natural and probable consequence of another probable consequence of another person's unlawful conduct. person's unlawful conduct.

The actual dead body is The actual dead body is notnot required required



Taking of a LifeTaking of a Life At common law, an essential element of At common law, an essential element of

homicide was the “killing of human being”homicide was the “killing of human being” The victim must have been alive before the act of The victim must have been alive before the act of

murdermurder An unborn child does not meet this requirementAn unborn child does not meet this requirement

Questions include: Questions include: Was the child/fetus killed during the birthing process?Was the child/fetus killed during the birthing process? Was the child/fetus born alive?Was the child/fetus born alive?

The killing of fetus is now a crime in some jurisdictionsThe killing of fetus is now a crime in some jurisdictions In 2004, California Supreme Court ruled that the In 2004, California Supreme Court ruled that the

killing of a fetus constitutes second-degree murder, killing of a fetus constitutes second-degree murder, even when the killer had no ideaeven when the killer had no idea that the expectant that the expectant mother was pregnantmother was pregnant



Defining DeathDefining Death

It is central in a homicide cases to It is central in a homicide cases to establish that death has actually establish that death has actually occurredoccurred

Brain DeathBrain Death Death determined by a “flat” reading on Death determined by a “flat” reading on

an EEG, usually after a 24-hour period or an EEG, usually after a 24-hour period or by other medical criteriaby other medical criteria

Uniform Determination of Death ActUniform Determination of Death Act A standard supported by the MMA, the A standard supported by the MMA, the

ABA, and the NCCUSL ABA, and the NCCUSL



Provisions of the Provisions of the Uniform Determination of Death ActUniform Determination of Death Act An individual who has sustained eitherAn individual who has sustained either

Irreversible cessation of circulatory and Irreversible cessation of circulatory and respiratory functions, orrespiratory functions, or

Irreversible cessation of all functions of Irreversible cessation of all functions of the entire brain, including the brain stem, the entire brain, including the brain stem, is deadis dead

The UDDA provides a model for The UDDA provides a model for legislation and has been adopted in legislation and has been adopted in various forms by many statesvarious forms by many states



Time of DeathTime of Death

Death may occur some time after the fatal Death may occur some time after the fatal injuryinjury ““Year and a Day Rule”: a common law Year and a Day Rule”: a common law

requirement that homicide prosecutions could requirement that homicide prosecutions could not take place if the victim did not die within a not take place if the victim did not die within a year and a day from the time that the fatal act year and a day from the time that the fatal act occurredoccurred

Jurisdictions vary in their handling of this Jurisdictions vary in their handling of this situationsituation CA – has extended the time limit to three years CA – has extended the time limit to three years

and a dayand a day



Proximate Cause and Homicide Proximate Cause and Homicide

Criminal homicide must be the result of anCriminal homicide must be the result of an Affirmative actAffirmative act

voluntary conscious conductvoluntary conscious conduct an affirmative act is not an omission or failure to actan affirmative act is not an omission or failure to act

Omission to act, orOmission to act, or Criminal negligenceCriminal negligence

The cause of death must not be so remote as The cause of death must not be so remote as to fail to constitute natural and probable to fail to constitute natural and probable consequences of the defendant's actconsequences of the defendant's act

The question: If the original act had not The question: If the original act had not occurred, would the victim have died?occurred, would the victim have died?



MurderMurder

Murder includes the following Murder includes the following elementselements An unlawful killingAn unlawful killing Of a human beingOf a human being With maliceWith malice

In most states, murder is divided into In most states, murder is divided into two categoriestwo categories First-degree murderFirst-degree murder Second-degree murderSecond-degree murder



First-Degree MurderFirst-Degree Murder

Any willful, deliberate, and premeditated killingAny willful, deliberate, and premeditated killing PremeditationPremeditation is the act of deliberating or is the act of deliberating or

meditating upon, or planning a course of meditating upon, or planning a course of actionaction

Examples:Examples: Murder committed through the use of poisonMurder committed through the use of poison Murder by laying in waitMurder by laying in wait Murder involving tortureMurder involving torture

First-degree murder is punishable by death or First-degree murder is punishable by death or by life in prisonby life in prison



Second-Degree Murder DefinedSecond-Degree Murder Defined

EitherEither Murders committed during the Murders committed during the

perpetration or attempted perpetration perpetration or attempted perpetration of an enumerated felony, such as arson, of an enumerated felony, such as arson, rape, robbery, or burglary or…rape, robbery, or burglary or…

All murder not classified by state as All murder not classified by state as first-degree murderfirst-degree murder



Malice AforethoughtMalice Aforethought Defined: an unjustifiable, inexcusable, and Defined: an unjustifiable, inexcusable, and

unmitigated person-endangering state of mindunmitigated person-endangering state of mind Malice is a legal term that refers toMalice is a legal term that refers to

The intentional doing of a wrongful act without just The intentional doing of a wrongful act without just cause or legal excusecause or legal excuse

In cases of homicide the term means “an intention In cases of homicide the term means “an intention to kill”to kill”

Malice meansMalice means ““any evil design in general,” orany evil design in general,” or ““the dictate of a wicked, depraved, and malignant the dictate of a wicked, depraved, and malignant

heart”heart” First-degree murder requires First-degree murder requires malice malice

aforethoughtaforethought



The Five Mental States:The Five Mental States:Murder with Malice Aforethought Murder with Malice Aforethought

An intent to killAn intent to kill An intent to inflict great bodily injuryAn intent to inflict great bodily injury An intent to commit a felony (as in An intent to commit a felony (as in

felony murder)felony murder) An intent to resist a lawful arrestAn intent to resist a lawful arrest An awareness that one is engaged in An awareness that one is engaged in

conduct that carries with it a high risk conduct that carries with it a high risk of someone else’s death, sometimes of someone else’s death, sometimes called called depraved heart murderdepraved heart murder



Depraved Heart MurderDepraved Heart Murder

Unjustifiable conduct that is Unjustifiable conduct that is extremely negligent and results in extremely negligent and results in the death of a human being or…the death of a human being or…

The killing of a human being with The killing of a human being with extreme atrocityextreme atrocity



Capital MurderCapital Murder

Murder for which the death penalty is Murder for which the death penalty is authorized by lawauthorized by law

38 states and the federal government 38 states and the federal government authorize the death penaltyauthorize the death penalty

The most common statutory The most common statutory requirement is that the killing had to requirement is that the killing had to have been have been Premeditated andPremeditated and DeliberateDeliberate



Premeditated MurderPremeditated Murder

Defined: Murder that was planned in Defined: Murder that was planned in advance, however briefly, and the act advance, however briefly, and the act was carried outwas carried out

““Formed or determined upon as a Formed or determined upon as a result of careful thought and weighing result of careful thought and weighing of considerations for and against the of considerations for and against the proposed course of conduct”proposed course of conduct”

Courts have said that premeditation Courts have said that premeditation was was not not the duration of time available the duration of time available for thought but for thought but the extent of the extent of reflectionreflection



Aggravated MurderAggravated Murder

Murder plus one or more aggravating factors Murder plus one or more aggravating factors as specified by lawas specified by law

Aggravated murder is generally capital Aggravated murder is generally capital murdermurder

Certain identifiable factors surrounding the Certain identifiable factors surrounding the circumstances of a particular murder may so circumstances of a particular murder may so enhance the culpability of the murdererenhance the culpability of the murderer Murdering a police officerMurdering a police officer Committing murder while escaping from prisonCommitting murder while escaping from prison



Felony MurderFelony Murder

A rule that established murder liability for a A rule that established murder liability for a defendant if another person dies during the defendant if another person dies during the commission of certain feloniescommission of certain felonies

The rule is intended to deter negligent and The rule is intended to deter negligent and accidental killings during the commission of a felonyaccidental killings during the commission of a felony

The rule creates a form of strict criminal liability for The rule creates a form of strict criminal liability for any death that results from the commission of a any death that results from the commission of a felonyfelony

Critics of the rule point out that an Critics of the rule point out that an unintended actunintended act cannot be deterredcannot be deterred

Most states use an Most states use an inherently dangerousinherently dangerous test in test in order to decide when the felony murder rule appliesorder to decide when the felony murder rule applies



ManslaughterManslaughter

Manslaughter is defined as:Manslaughter is defined as: An unlawful killingAn unlawful killing Of a human beingOf a human being Without maliceWithout malice

Two categories:Two categories: Voluntary manslaughterVoluntary manslaughter Involuntary manslaughterInvoluntary manslaughter



Voluntary ManslaughterVoluntary Manslaughter

The unlawful killing of a human The unlawful killing of a human being, without malice, which is done being, without malice, which is done intentionally during a sudden quarrel intentionally during a sudden quarrel or in the heat of passion, oror in the heat of passion, or

The killing committed without lawful The killing committed without lawful justification, wherein the defendant justification, wherein the defendant acted under a sudden and intense acted under a sudden and intense passion resulting from adequate passion resulting from adequate provocationprovocation



Involuntary ManslaughterInvoluntary Manslaughter

An unintentional killing for which An unintentional killing for which criminal liability is imposed but that criminal liability is imposed but that does not constitute murderdoes not constitute murder

The unintentional killing of a person The unintentional killing of a person during the commission of a lesser during the commission of a lesser unlawful actunlawful act

The killing of someone during the The killing of someone during the commission of a lawful act, which commission of a lawful act, which nevertheless results in an unlawful nevertheless results in an unlawful deathdeath



Negligent HomicideNegligent Homicide

This general type of criminal homicide does This general type of criminal homicide does not exist in the codes of all jurisdictionsnot exist in the codes of all jurisdictions

Generally thought to be below that of Generally thought to be below that of manslaughtermanslaughter

Similar in seriousness to vehicular homicide Similar in seriousness to vehicular homicide which is the killing of a human being by the which is the killing of a human being by the operation of a motor vehicle by another in a operation of a motor vehicle by another in a reckless manner likely to cause the death, or reckless manner likely to cause the death, or great bodily harm to, another great bodily harm to, another



SuicideSuicide

Involves the intentional death of a human Involves the intentional death of a human beingbeing

Sometimes brought about with the Sometimes brought about with the assistance of another personassistance of another person

Only one state (Oregon) permits physician-Only one state (Oregon) permits physician-assisted suicideassisted suicide

Most states have statutes that refer to Most states have statutes that refer to passive action as assisting suicide while passive action as assisting suicide while active steps to end the life of another is active steps to end the life of another is murder, even if at the request of the “victim”murder, even if at the request of the “victim”



Discussion QuestionsDiscussion Questions

What are the three types of criminal What are the three types of criminal homicide?homicide?

Define deathDefine death Distinguish between murder and Distinguish between murder and

manslaughtermanslaughter What is meant by malice What is meant by malice

aforethought?aforethought? Should assisted suicide be legal?Should assisted suicide be legal?



Do Do youyou have any questions?? have any questions??

prentice hall ©2006 pearson education, inc. upper saddle river, nj 07458 criminal law today by...

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