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YEAR-AND-A-DAY RULE
1) Common law?
2) NY (Majority) rule?
1) Death must occur within A YEAR and ONE DAY of the homicidal act
2) Death may occur at any time
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COMMON LAW
MURDER
1) DEATH
2) of ANOTHER PERSON
3) with MALICE AFORETHOUGHT (any one of the following)
- intent to KILL (e.g., use of a DEADLY WEAPON)
- intent to inflict GREAT BODILY HARM
- DEPRAVED INDIFFERENCE (extreme recklessness)
- FELONY MURDER
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COMMON LAW
TRANSFERRED INTENT TO COMMIT HOMICIDE
1) Rule
2) Scope of application
1) ∆'s INTENT TRANSFERS to an ACTUAL VICTIM, if ∆ intended to harm a different victim, but accidentally harmed the actual victim instead
2) APPLIES to crimes with COMPLETED HARMS—i.e., does not apply to ATTEMPTED crimes
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COMMON LAW
D shoots at A, intending to kill him. A ducks, and D's bullet hits V instead, killing him
1) is D guilty of V's murder?
2) is D guilty of any crime as to A?
1) YES. D's intent to KILL A transferred from A to V
2) YES. Attempted murder
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COMMON LAW
D shoots at A, intending to kill him. A ducks, and D's bullet hits V instead. V is wounded, but does not die
1) Is D guilty of attempted murder of A?
2) Is D guilty of attempted murder of V?
1) YES. D shot at A, with the intent to kill
2) NO. Transferred intent does not apply to attempts.
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COMMON LAW
MURDER-1
Murder with
PREMEDITATION and DELIBERATION (cool, calm, and collected)
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COMMON LAW
MURDER-2
ANY MURDER that is not murder-1
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COMMON LAW
VOLUNTARY MANSLAUGHTER
Intentional killing, in heat of passion, after adequate provocation (ordinary person, no time to cool off)
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COMMON LAW
INVOLUNTARY MANSLAUGHTER
A KILLING committed with
- CRIMINAL NEGLIGENCE, or
- DURING A CRIME if it is not a felony murder
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COMMON LAW
FELONY MURDER
1) Elements?
2) Limitations on the felony?
3) Vicarious liability?
1) ANY DEATH caused by the commission of or attempt to commit a FELONY
2) Conviction required, felony inherently dangerous, during/immediate flight, killing in furtherance of felony, death foreseeable, V is not co-felon
3) Death imputed to all (even if caused by bystander/police, if proximately connected to co-felons)
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NEW YORK LAW
MURDER-1 (intentional murder w/ special circumstances)
1) What mental state?
2) Age of ∆?
3) Special circumstances
1) Intentional murder
2) ∆ ≥ 18 y/o
3) SPECIAL CIRCUMSTANCES
- V is a POLICE officer
- WITNESS INTIMIDATION
- murder for hire
- 2 OR MORE victims
- 1ST degree BRAKES felonies
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NEW YORK LAW
MURDER-2
What 3 forms?
1) INTENT TO KILL (other than 1st degree, no special circumstances)
2) DEPRAVED INDIFFERENCE (i.e., "extreme recklessness)
3) FELONY MURDER (unintentional killing)
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NEW YORK LAW
MURDER-2: Depraved Indifference
1) KEY LANGUAGE—"Utter disregard for human life"
2) MORE THAN ONE PERSON must be in danger, UNLESS the killing involves
- brutal TORTURE, or
- abandoning a HELPLESS victim to almost certain death
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NEW YORK LAW
MURDER-2: Felony Murder
Similar to common law
All participants in the felony may be convicted of felony murder
1) Applicable felonies "BRAKES"
2) ∆ NEED NOT BE CONVICTED of underlying felony
3) NON-SLAYER (aff. dfnse.) (did not foresee homicide during felony)
- ∆ did not do the killing, and
- ∆ did not have a deadly weapon, and
- ∆ had no reason to believe his co-felons had deadly weapons, and
- ∆ had no reason to believe his co-felons to do anything likely to result in death.
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NEW YORK LAW
MANSLAUGHTER-1 (2 types)
1) Intent to cause serious physical injury
2) Death from EED (extreme emotional disturbance)
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NEW YORK LAW
MANSLAUGHTER-2
1) Definition
2) Required mental state
1) SUBJECTIVE STANDARD—∆ AWARE OF RISK and CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk of death
2) RECKLESSNESS
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NEW YORK LAW
CRIMINALLY NEGLIGENT HOMICIDE
1) Definition
2) Required mental state
1) OBJECTIVE STANDARD—∆ SHOULD HAVE KNOWN of a substantial and unjustifiable risk of death
2) NEGLIGENCE
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NEW YORK LAW
AGGRAVATED HOMICIDE
When victim of homicide is a POLICE OFFICER killed IN LINE OF DUTY
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NEW YORK LAW
VEHICULAR HOMICIDE
1) What the limit for DWI?
2) Vehicular Man-2?
3) Vehicular Man1?
4) Aggravated Vehicular Man?
1) DWI = BAC over 0.08%
2) Death PLUS DWI
3) Vehicular Man-2 PLUS an "aggravating" factor—(BAC > 0.18%, OR prior DWI conviction)
4) Vehicular Man PLUS reckless driving
***if DWI results in injury only, the crime is vehicular assault
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