1. PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Criminal Law Today By Frank Schmalleger, PH.D Homicide Laws Legal and Social Dimensions of Personal Crime: Homicide Criminal Law Today By Frank Schmalleger, PH.D

2. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Accidental Deaths Accidental Death: Accidental Death: A death that is caused by unexpected or unintended means A death that is caused by unexpected or unintended means Accidental Killings: Accidental Killings: A death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result A death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result

3. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Homicide The killing of a human being by the The killing of a human being by the Act of another human being Act of another human being Procurement of another human being Procurement of another human being Omission of another human being Omission of another human being Suicide is not included Suicide is not included There are three basic types of homicide There are three basic types of homicide Justifiable homicide Justifiable homicide Excusable homicide Excusable homicide Criminal homicide Criminal homicide

4. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Justifiable Homicide Homicide that is permitted under the law Homicide that is permitted under the law A killing justified for the good of society A killing justified for the good of society The killing of another in self-defense when danger of death or serous bodily harm exists The killing of another in self-defense when danger of death or serous bodily harm exists The killing of a person according to one’s duties or out of necessity but without blame The killing of a person according to one’s duties or out of necessity but without blame

5. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Excusable Homicide Killing in a manner that the criminal law does not prohibit Killing in a manner that the criminal law does not prohibit Homicide that may involve some fault but is not criminal homicide Homicide that may involve some fault but is not criminal homicide Example: a death caused by a vehicular accident in which the driver was not negligent Example: a death caused by a vehicular accident in which the driver was not negligent

6. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Criminal Homicide The purposeful, knowing, reckless, or negligent causing of the death of one human being by another The purposeful, knowing, reckless, or negligent causing of the death of one human being by another That form of homicide for which criminal liability may be incurred That form of homicide for which criminal liability may be incurred May be classified as murder, manslaughter, or negligent homicide May be classified as murder, manslaughter, or negligent homicide

7. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Murder The unlawful killing of a human being, carried out with malice or planned in advance The unlawful killing of a human being, carried out with malice or planned in advance In common law, the killing of one human being by another with malice aforethought In common law, the killing of one human being by another with malice aforethought There may be various degrees There may be various degrees

8. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Manslaughter The unlawful killing of a human being without malice The unlawful killing of a human being without malice Differs from murder in that malice and premeditation are lacking Differs from murder in that malice and premeditation are lacking There may be various kinds There may be various kinds

9. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Negligent Homicide The killing of a human being by criminal negligence The killing of a human being by criminal negligence The killing of a human being by the failure to exercise reasonable, prudent care The killing of a human being by the failure to exercise reasonable, prudent care A criminal offense committed by one whose negligence is the direct and proximate cause of another’s death A criminal offense committed by one whose negligence is the direct and proximate cause of another’s death

10. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Corpus Delicti In criminal homicide, corpus delicti consists of the death of a human being and the fact that the death was caused by a criminal act or agency of another person In criminal homicide, corpus delicti consists of the death of a human being and the fact that the death was caused by a criminal act or agency of another person There exists the requirement that the victim’s death was the natural and probable consequence of another person's unlawful conduct. There exists the requirement that the victim’s death was the natural and probable consequence of another person's unlawful conduct. The actual dead body is not required The actual dead body is not required

11. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Taking of a Life At common law, an essential element of homicide was the “killing of human being” At common law, an essential element of homicide was the “killing of human being” The victim must have been alive before the act of murder The victim must have been alive before the act of murder An unborn child does not meet this requirement An unborn child does not meet this requirement Questions include: Questions include: Was the child/fetus killed during the birthing process? Was the child/fetus killed during the birthing process? Was the child/fetus born alive? Was the child/fetus born alive? The killing of fetus is now a crime in some jurisdictions The killing of fetus is now a crime in some jurisdictions In 2004, California Supreme Court ruled that the killing of a fetus constitutes second-degree murder, even when the killer had no idea that the expectant mother was pregnant In 2004, California Supreme Court ruled that the killing of a fetus constitutes second-degree murder, even when the killer had no idea that the expectant mother was pregnant

12. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Defining Death It is central in a homicide cases to establish that death has actually occurred It is central in a homicide cases to establish that death has actually occurred Brain Death Brain Death Death determined by a “flat” reading on an EEG, usually after a 24-hour period or by other medical criteria Death determined by a “flat” reading on an EEG, usually after a 24-hour period or by other medical criteria Uniform Determination of Death Act Uniform Determination of Death Act A standard supported by the MMA, the ABA, and the NCCUSL A standard supported by the MMA, the ABA, and the NCCUSL

13. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Provisions of the Uniform Determination of Death Act An individual who has sustained either An individual who has sustained either Irreversible cessation of circulatory and respiratory functions, or Irreversible cessation of circulatory and respiratory functions, or Irreversible cessation of all functions of the entire brain, including the brain stem, is dead Irreversible cessation of all functions of the entire brain, including the brain stem, is dead The UDDA provides a model for legislation and has been adopted in various forms by many states The UDDA provides a model for legislation and has been adopted in various forms by many states

14. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Time of Death Death may occur some time after the fatal injury Death may occur some time after the fatal injury “Year and a Day Rule”: a common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred “Year and a Day Rule”: a common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred Jurisdictions vary in their handling of this situation Jurisdictions vary in their handling of this situation CA – has extended the time limit to three years and a day CA – has extended the time limit to three years and a day

15. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Proximate Cause and Homicide Criminal homicide must be the result of an Criminal homicide must be the result of an Affirmative act Affirmative act voluntary conscious conduct voluntary conscious conduct an affirmative act is not an omission or failure to act an affirmative act is not an omission or failure to act Omission to act, or Omission to act, or Criminal negligence Criminal negligence The cause of death must not be so remote as to fail to constitute natural and probable consequences of the defendant's act The cause of death must not be so remote as to fail to constitute natural and probable consequences of the defendant's act The question: If the original act had not occurred, would the victim have died? The question: If the original act had not occurred, would the victim have died?

16. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Murder Murder includes the following elements Murder includes the following elements An unlawful killing An unlawful killing Of a human being Of a human being With malice With malice In most states, murder is divided into two categories In most states, murder is divided into two categories First-degree murder First-degree murder Second-degree murder Second-degree murder

17. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 First-Degree Murder Any willful, deliberate, and premeditated killing Any willful, deliberate, and premeditated killing Premeditation is the act of deliberating or meditating upon, or planning a course of action Premeditation is the act of deliberating or meditating upon, or planning a course of action Examples: Examples: Murder committed through the use of poison Murder committed through the use of poison Murder by laying in wait Murder by laying in wait Murder involving torture Murder involving torture First-degree murder is punishable by death or by life in prison First-degree murder is punishable by death or by life in prison

18. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Second-Degree Murder Defined Either Either Murders committed during the perpetration or attempted perpetration of an enumerated felony, such as arson, rape, robbery, or burglary or… Murders committed during the perpetration or attempted perpetration of an enumerated felony, such as arson, rape, robbery, or burglary or… All murder not classified by state as first- degree murder All murder not classified by state as first- degree murder

19. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Malice Aforethought Defined: an unjustifiable, inexcusable, and unmitigated person-endangering state of mind Defined: an unjustifiable, inexcusable, and unmitigated person-endangering state of mind Malice is a legal term that refers to Malice is a legal term that refers to The intentional doing of a wrongful act without just cause or legal excuse The intentional doing of a wrongful act without just cause or legal excuse In cases of homicide the term means “an intention to kill” In cases of homicide the term means “an intention to kill” Malice means Malice means “any evil design in general,” or “any evil design in general,” or “the dictate of a wicked, depraved, and malignant heart” “the dictate of a wicked, depraved, and malignant heart” First-degree murder requires malice aforethought First-degree murder requires malice aforethought

20. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Five Mental States: Murder with Malice Aforethought An intent to kill An intent to kill An intent to inflict great bodily injury An intent to inflict great bodily injury An intent to commit a felony (as in felony murder) An intent to commit a felony (as in felony murder) An intent to resist a lawful arrest An intent to resist a lawful arrest An awareness that one is engaged in conduct that carries with it a high risk of someone else’s death, sometimes called depraved heart murder An awareness that one is engaged in conduct that carries with it a high risk of someone else’s death, sometimes called depraved heart murder

21. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Depraved Heart Murder Unjustifiable conduct that is extremely negligent and results in the death of a human being or… Unjustifiable conduct that is extremely negligent and results in the death of a human being or… The killing of a human being with extreme atrocity The killing of a human being with extreme atrocity

22. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Capital Murder Murder for which the death penalty is authorized by law Murder for which the death penalty is authorized by law 38 states and the federal government authorize the death penalty 38 states and the federal government authorize the death penalty The most common statutory requirement is that the killing had to have been The most common statutory requirement is that the killing had to have been Premeditated and Premeditated and Deliberate Deliberate

23. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Premeditated Murder Defined: Murder that was planned in advance, however briefly, and the act was carried out Defined: Murder that was planned in advance, however briefly, and the act was carried out “Formed or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of conduct” “Formed or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of conduct” Courts have said that premeditation was not the duration of time available for thought but the extent of reflection Courts have said that premeditation was not the duration of time available for thought but the extent of reflection

24. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Aggravated Murder Murder plus one or more aggravating factors as specified by law Murder plus one or more aggravating factors as specified by law Aggravated murder is generally capital murder Aggravated murder is generally capital murder Certain identifiable factors surrounding the circumstances of a particular murder may so enhance the culpability of the murderer Certain identifiable factors surrounding the circumstances of a particular murder may so enhance the culpability of the murderer Murdering a police officer Murdering a police officer Committing murder while escaping from prison Committing murder while escaping from prison

25. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Felony Murder A rule that established murder liability for a defendant if another person dies during the commission of certain felonies A rule that established murder liability for a defendant if another person dies during the commission of certain felonies The rule is intended to deter negligent and accidental killings during the commission of a felony The rule is intended to deter negligent and accidental killings during the commission of a felony The rule creates a form of strict criminal liability for any death that results from the commission of a felony The rule creates a form of strict criminal liability for any death that results from the commission of a felony Critics of the rule point out that an unintended act cannot be deterred Critics of the rule point out that an unintended act cannot be deterred Most states use an inherently dangerous test in order to decide when the felony murder rule applies Most states use an inherently dangerous test in order to decide when the felony murder rule applies

26. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Manslaughter Manslaughter is defined as: Manslaughter is defined as: An unlawful killing An unlawful killing Of a human being Of a human being Without malice Without malice Two categories: Two categories: Voluntary manslaughter Voluntary manslaughter Involuntary manslaughter Involuntary manslaughter

27. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Voluntary Manslaughter The unlawful killing of a human being, without malice, which is done intentionally during a sudden quarrel or in the heat of passion, or The unlawful killing of a human being, without malice, which is done intentionally during a sudden quarrel or in the heat of passion, or The killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation The killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation

28. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Involuntary Manslaughter An unintentional killing for which criminal liability is imposed but that does not constitute murder An unintentional killing for which criminal liability is imposed but that does not constitute murder The unintentional killing of a person during the commission of a lesser unlawful act The unintentional killing of a person during the commission of a lesser unlawful act The killing of someone during the commission of a lawful act, which nevertheless results in an unlawful death The killing of someone during the commission of a lawful act, which nevertheless results in an unlawful death

29. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Negligent Homicide This general type of criminal homicide does not exist in the codes of all jurisdictions This general type of criminal homicide does not exist in the codes of all jurisdictions Generally thought to be below that of manslaughter Generally thought to be below that of manslaughter Similar in seriousness to vehicular homicide which is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death, or great bodily harm to, another Similar in seriousness to vehicular homicide which is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death, or great bodily harm to, another

30. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Suicide Involves the intentional death of a human being Involves the intentional death of a human being Sometimes brought about with the assistance of another person Sometimes brought about with the assistance of another person Only one state (Oregon) permits physician- assisted suicide Only one state (Oregon) permits physician- assisted suicide Most states have statutes that refer to passive action as assisting suicide while active steps to end the life of another is murder, even if at the request of the “victim” Most states have statutes that refer to passive action as assisting suicide while active steps to end the life of another is murder, even if at the request of the “victim”

31. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Discussion Questions What are the three types of criminal homicide? What are the three types of criminal homicide? Define death Define death Distinguish between murder and manslaughter Distinguish between murder and manslaughter What is meant by malice aforethought? What is meant by malice aforethought? Should assisted suicide be legal? Should assisted suicide be legal?

32. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Do you have any questions??