CRIMINAL LAW IN THE NEWS

If the victim had been shot and died, what level of homicide? 1 st Degree? – Premeditation? 2 nd Degree? – Malice? Voluntary Manslaughter? – Heat of passion? Actual heat of passion? Legally adequate provocation? (R.P. or EED?) Cooling time?

Involuntary Manslaughter – Gross Negligence (should have realized risk) Step #1: Should D have realized risk? Would r.p. have realized risk? Step #2: Was risk “gross” (wanton / extreme)? Social utility vs. Magnitude of risk Benefit to society  Likelihood of harm Cost of alternative  Degree of harm – Recklessness (realized risk) (but not “gross”)

Interesting issues Is it fair to punish someone who doesn’t realize the risk? Will deterrence work if D doesn’t realize risk? Why do we allow punishment for negligent killings? From what perspective should we look at the reasonable person? – Reasonable Christian scientist? What does “gross” add to the analysis?

Involuntary Manslaughter Hypos Faith healing? Night club fires? Building collapses? Ferry boat accidents? Cell phone accidents? Death by manure?

Bottle chugging contest Assuming causation, is this a homicide? What would be the argument for involuntary manslaughter? What if radio disc jockeys were aware it could be fatal?

Murder 2 – “Malice” Intent to kill – Not enough for premeditation – No HOP mitigation Intent to cause GBH Gross recklessness (“implied malice”) – Realized risk and took it anyway – Extreme risk

“MALICE” Not “malevolence” Not showing enough regard for human life Old terms: “depraved heart,” “abandoned and malignant heart” Modern concept: Gross Recklessness

MURDER 2 vs. INV. MANSL Step #1: – Realized and disregard risk? (Recklessness) – Should have realized risk? (Negligence) Step #2: – Gross? Social utility of conduct vs. Magnitude of Risk

Hypos – p Shooting into room? 2. Shaken baby 3. Using non-MDs 4. Drunk driving

U.S. v. Fleming “Must” have realized the risk Key to drunk driving: – D realize risk? – Priors? – Warnings? Alternative approach – Increase punishments for “vehicular” manslaughter

More Hypos P Tires that blow out? 2. Killer dogs? (Handout p. 90) 3. Earthquake homes? Meth-laced mother’s milk? (Handout p. 99)

M2 vs. Inv. Mansl 2 nd Degree Murder (Malice) – Intent to kill – Intent to cause GBH – Gross Recklessness (“implied malice”) Involuntary Manslaughter – Mere Recklessness – Gross Negligence