Crimlaw Rules 2

Unlawful killing of another human being (including unborn children of 24 weeks) with malice aforethought.

Four categories

• Intent to kill
• Intent to do serious bodily injury
• depraved heart
• felony murder

MR BRAK

• Mayhem
• Robbery
• Burglary
• Rape
• Arson
• Kidnapping

Co-felons are vicariously liable for the death if the death is a foreseeable consequence of the underlying inherently dangerous felony.

First degree: intentional killing of non-participant

Second degree: no specific intent to kill non-participant

Common law:

• defense against underlying felony
• felony not distinct from the killing itself
• death not a foreseeable result of the felony
• death occurred after the commission of the felony and ensuing flight form scene

NY (for an accomplice):

• did not commit or assist in the killing
• was not armed
• did not believe other participants were armed
• did not know other participants would engage in activity that would lead to death

Murder:

First

• Intentional killing of police officer, prison guard, witness, or judge
• murder for hire
• intentional felony murder

Second

• Intentional killing of one not in 1st degree categories
• depraved heart
• felony murder by a co-felon

Criminally negligent homocide - killing another through negligence

Vehicular manslaughter - 2nd: negligent homocide through operation of a vehicle, 1st: with an invalid license.

Manslaughter:

First

• Death due to serious bodily injury
• Heat of passion
• Abortion on female more than 24 weeks pregnant
• Recklessly placing child under risk of serious physical injury, resulting in death of child.
• Second -

• Reckless death of another
• Intentional assisting in suicide or abortion where person dies

Unintentional homocide committed with criminal negligence or during an unlawful act (either a misdemeanor or a felony not MR BRAK).

Criminal negligence = reckless action putting another at significant risk of injury or death.