Chapter Nine

Homicide

Homicide

The umbrella term for the taking of the life of

another person

Common Law 3 types of homicide

1.

Justifiable killings done in self defense, capital

punishment and police use of deadly force

2.

Excusable - killings done by persons not of sound

memory and discretion (i.e., insane or immature)

3.

Criminal - homicides that are neither justified or excused

murder intentionally causing the death of another with malice

aforethought

manslaughter - unlawful killing of another w/o malice

aforethought

What is a Person?

The definition of person presents problems at both

ends of the life-cycle
When life ends and when it begins
Born-Alive Rule:
to be a person, and therefore a homicide victim, a
baby has to be born alive and capable of breathing
and a heartbeat of its own
Pennsylvania statute:
"Born alive."When used with regard to a human
being, means that the human being was completely
expelled or extracted from her or his mother and
after such separation breathed or showed evidence
of any of the following: beating of the heart,
pulsation of the umbilical cord, definite movement
of voluntary muscles or any brain-wave activity.

24 states make it a crime to kill a fetus

3 types of statutes
1.

Revise existing homicide statutes to

include fetuses as homicide victims

2.

3.

Murder is the unlawful killing of a human

being, or a fetus, with malice aforethought.
(Ca. Penal code 2006 187

Create a fetal homicide statute aimed

exclusively at fetuses
Create statutes that are aimed toward
attacks on pregnant women

Other states left homicide statutes

intact and created a new crime of
feticide

When does life end?

Death = when the heart and breathing

stops
Brain death = if artificial supports alone
maintain breathing and heartbeat; while
brainwaves remain minimal or flat.
Uniform Brain Death Act:

Provides that an individual who has

suffered cessation of all brain functions,
including those of the brain stem, is dead.

Do you have to have a body?

Unanswered questions

Is this person really dead?

How did he/she die?
Was it by criminal means?
Who killed this person?
Corpus delecti the body of the offense;
the essence of the crime (e.g. the body)

As a general rule, cant convict without the

corpus delecti can be established.

Circumstantial evidence

Deconstructing/Constructing a Murder
(without a body)

Must prove that there has been no sign of

this persons existence
Develop an understanding of a victims life
Must illustrate the circumstances under
which the murder could have occurred
Confession alone is not enough.

The law mandates that prosecutors have

enough evidence to prove their case w/o a
confession because suspects often retract their
confessions.
Robinson, B (n.d.) A-Z Guide to Murder Cases without a Body,
abchttp://news.go.com

Murder

First Degree Murder

The only type of murder subject to

the death penalty (depends on the
jurisdiction)

Two types:

Willful, deliberate premeditated

intent to kill murders (wdp)
Felony murders (can also be 2d degree
murder)

Defining the WDP Murder Mens

Rea

Willful = intentional, specific intent

to commit the murder

Premeditation and Deliberation???

Two Classifications of Definitions

1.

The Equivalent of specific intent

definition defines w.d.p. as equivalent
to the specific intent to kill

Cont
2.

The Specific intent plus real

premeditation deliberation definition
treats w.d.p. as 3 distinct
requirements and are therefore
looking for evidence of 3 things:

Motive (willful)
Deliberate method in the killing
(deliberate)
Signs of planning (premeditation)

Byford v State

Bifurcated trial the death penalty decision occurs in 2

phases:
1. Guilt Phase a normal trial to determine guilt
2. Penalty Phase to determine if the death penalty
should be applied

Examples

Second Degree Murder

Developed out of desire to reserve capital

punishment for only the most deserving

Sometimes considered the catchall for all

other murders that dont qualify as first
degree or manslaughter

Examples:

Depraved Heart
Felony Murder

Depraved Heart Murders

Defined - unintentional but extremely

reckless murders

Recklessness anytime there is

substantial risk and you disregard
that risk and act any way, you are
liable for the harm that you cause
(even death)

Felony Murder (FM)

Some states this is a first degree

murder others second

Unintentional deaths that occurs

during the commission of a felony

Felony Murder cont

Third Party Exception
If during the commission of the felony, someone other than
the parties to the crime, kills another. (ie, police officer, or
victim) in some jurisdiction the D would be liable for any
deaths that occur during the commission of a felony, but
under the third party exception , the D would not be liable.
But
The Resisting-Victim Exception
If a death occurs in the course of the victim resisting the Ds
attack. The D could be liable for that death
Dangerous to life circumstance:
Some states limit FM to deaths that occur only during the
commission of dangerous felonies.

Manslaughter

Defined:
The unlawful killing of another that
occurs voluntarily due to sudden
heat of passion or involuntarily where
there was no intent to do any harm

2 Types:
Voluntary Manslaughter
Involuntary Manslaughter

Voluntary Manslaughter
Heat of Passion Killing

Adequate Provocation

Defined the trigger that sets off the

sudden killing of another person.

Occurs in the sudden heat of passion

before there was a reasonable time
for the passion to cool off

4 Common Law Provocations

1.
2.
3.
4.

Mutual Combat (fighting)

Assault and Battery
Trespass
Adultery (Paramour Rule)

***Words or gestures not enough

(a.k.a. Last-straw rule)

Objective standard
Must cause both the passion and the killing

Voluntary Manslaughter cont

Killing could not have occurred after

a cooling off period

Objective - i.e. Would a reasonable

person have had time to cool off?

Involuntary
Manslaughter

Defined

the killing of another person

unintentionally

2 types:
1.
2.

Criminal negligence manslaughter

Unlawful act manslaughter

Criminally Negligent Manslaughter

Actus reus defendants acts create a

high risk of death or serious bodily injury

Mens rea criminal recklessness or

criminal negligence (not to the extreme
of depraved heart murder)

Occurs during the commission of

unlawful acts (Eg. Vehicular homicide)

Unlawful Act Manslaughter

Also known as: Misdemeanor

Manslaughter
Unintended deaths that occur during the
commission of non homicide offenses

Could range anywhere from felonies to

misdemeanors, civil ordinance violations, traffic
violations, noncriminal wrongs (e.g. torts)

Modern view is to abolish use of this law

Penalty viewed as too harsh

People v. Datema (1995) death from a slap

Todd v. State (1 992) collection plate theft death