Homicide

Definition: unlawful killing of a human being with malice aforethought (mens rea element)

• First Degree: 
• 1. intent to kill with premeditation & deliberation 
• 2. Murder committed using means specified in statute 
• 3. Felony murder rule applies (felony must be in statute & murder occurred during commission or attempted commission of a enumerated felony)     
•     (2) Res gestae requirement    
•     (4) Agency Rule

• Second Degree: 
• 1. Intent to kill without premeditation or deliberation 
• 2. Intent to cause great bodily injury which leads to death 
• 3. Depraved heart murder (recklessness intent towards human life) 
• 4. Felony Murder Rule applies
•     (1) Inherently Dangerous felony        
•     (2) Res gestae requirement        
•     (3) Merger Doctrine        
•     (4) Agency Rule

• Premeditation: thinking about a killing before hand 
•    (1) Time Rule: can be formed in an instant 

• Deliberation: thought process of killing is undertaken with a cool head 
•    (1) Time Rule: Some period of reflection necessary to carefully weigh decision to kill
•    (2) Actual Evidence Rule: opportunity (3 to 5 mins) to deliberate is not evidence of deliberation 

No Defense: good faith intentions

Brown Case (repeated blows to son lead death 2nd degree) 

Bingham Case (rape strangulation 2nd degree) 

Gilbert Case (wife shot to prevent suffering 1st degree) 

• James Approach: 
• Inherently Dangerous: felony cannot be committed without creating a substantial risk of danger to human life 

Standard: look at elements of felony in the abstract 

Evidence: common knowledge, scientific, medical, or technological literature or expert testimony

• Hines Approach: 
• Inherently dangerous: under circumstances the commission or attempted commission of a felony created a foreseeable risk of death 

Standard: look at fact of case

Res gestae: felony must be close in time & distance to the murder 

Temporary Safety Rule: felony murder liability continues until defendant reaches a place of temporary safety

• CA: liable for all killings during course of felony that were caused by the felony (felon or co felons) 
• Other Jurisdictions: 
• Redline rule: acts in furtherance of the felony must contribute to cause of death

Bodely Case (death occurred during burglary escape & liable) 

Stamp Case (store robbery & employee death by heart attack 15 mins after robbery & liable) 

King (plane transporting drugs kills co-felon & not liable) 

Merger Doctrine: if a felony has any element that is assaultive, the felony merges with homicide 

Assaultive Felony: involves a threat of immediate violent injury

Rose Case (assault with deadly weapon & homicide: merges)

• CA: 2nd degree  separate charge 
• Provocative Act Murder: felon or co-felon commits a provocative act (starts dangerous situation) and the victim or police kills in reasonable response to the act, defendant liable 

Other Jurisdictions Rule: applies only to deaths caused by the felon or his co-felons

Depraved heart murder: intent to commit an act with knowledge of its substantial danger to human life and conscious disregard for life

Malone Case (Russian poker lead to death & 2nd) 

Knoller (owned unmuzzled aggressive dogs)

Definition: unlawful killing of a human being by another human being without malice aforethought 

• Voluntary Manslaughter: second degree murder reduced by partial defense 
• Partial Defenses: 
• (1) Provocation (Heat of Passion) 
• (2) Imperfect-Self Defense 
• (3) Diminished Capacity 
• (4) Involuntary Intoxication 

Involuntary Manslaughter: person brings death to another human being through criminal negligene

Provocation: an act provokes into killing

• Provocation Elements: 
• (1) Defendant acted in heat of passion 
• (2) Reasonable person would have been provoked 
•       Time: series of events over long time sufficient 
• (3) Reasonable person in defendants position would not have sufficient time to cool off between provocative act or event and killing 
• (4) The provocation must have caused the killing

• Berry Case (wife killed with telephone cord due to rage from manipulated emotions)
• Carr Case (death provoked by homosexual acts)  

Requirement: one of the elements of self-defense was not satisfied

Diminished Capacity: a mental state influenced killing 

• Diminished Capacity Elements: 
• (1) Defendant acted under extreme emotional disturbance 
• (2) There must be a reasonable explanation and excuse for the extreme emotional disturbance from defendant's subjective perspective

Dumalo (extreme irrational jealousy) 

• Majority Jurisdictions: 
• Gross negligence: extreme departure from what an ordinary reasonable person would do under the circumstances 

• Minority Jurisdictions:
• Simple/Ordinary negligence: ordinary caution a reasonable person would exercise under the circumstances

Williams Case (baby died from not bringing to doctor or simple negligence & liable)