The killing of one human being by another human being, either lawfully or unlawfully. Homicide includes murder and manslaughter (unlawful) and excusable and justifiable (lawful) homicides.
The unlawful killing of a human being by another with malice aforethought, express or implied.( Modern CA rule includes fetus)
1)UK 2)HB 3)Malice
A legal term reflecting a particular human-endangering state of mind. Malice does not have to be directed at a specific person.
1) Intent to Kill (Express)
2) Intent to inflict great bodily injury(Implied)
3) Depraved heart/wanton disregard (implied)
4) Felony murder rule (implied)
Intent to kill. Exists when there is an intent manifested unlawfully to kill a human being.
Deadly Weapon Rule
Express malice subjection. use of a deadly weapon implies intent to kill (only some jurisdictions)
Intent to inflict great bodily harm. R v. Vickers
Depraved heart/wanton disregard
Acting with a conscious disregard for and awareness of an unjustifiably high risk to human life (involves greater culpability than criminal negligence standard for involuntary manslaughter) Acting with a depraved and wanton heart. Also considered a wanton and willful disregard for human life.
Felony Murder Rule
death occurs during, and as a result of, the commission of an inherently dangerous felony.
Felony Murder Rule-"Inherently Dangerous"
high probability of death( Arson, rape, robbery, burglary are the most common)
Felony Murder Rule-"Place of Safety"
If criminals reach a place of safety, then they have escaped and no FMR. But see state v. Mayle for distance/time considerations of how long FMR extends.
Death of Co-felon
Defendant is generally not liable for death of co-felon as a result of resistance by victim or police.
exception to felony murder rule; applies when felonies that are an integral part (i.e. no independent purpose) of the homicide are merged into homicide (in CA, limited to assault-based crimes)
First Degree Murder Definition(No Degrees in common law)
1)Willful, premeditated and deliberate intent to kill people v. perez
4)Lying in Wait
5)Bombing and explosives
6)BARKSM-Burglary, Arson, Robbery, Kidnapping, Sex Crimes(rape, child molestation), Mayhem. Also car jacking and train wrecking in CA PC 189
Second Degree Murder
includes all other kinds with malice, or when there is insufficient evidence to establish deliberation and premeditiation or during commission of inherently dangerous felony not enumerated as first degree predicate( second murder rule)
-evaluate inherent dangerousness in abstract without reference to specific facts of case.
The unlawful killing of a human being by another without malice aforethought. It is not divided into degrees, but is of two kinds.
The unlawful and intentional killing of a human being without malice in the heat of passion based upon adequate provocation or done in a good faith but unreasonable belief in self defense
Voluntary Manslaughter Elements
1) UIK 2)HB 3) W/O malice 4)HOP/AP or ISD
Voluntary Manslaughter Mitigated 2 ways
1) Acting in the heat of passion based upon adequate provocation
2) Good Faith (honest) but unreasonable belief in the need for self-defense (Imperfect Self-Defense)
Must be so great as to inflame the passion of a reasonable person and tend to cause him to act, for the moment, from passion rather then reason. A rash act without reflection. EX: serious battery or threat of deadly force like discovering one's spouse in bed with another person
Heat of Passion
Must be so extreme that for a moment his action is being directed by passion rather than reason. No cooling off period. (subjective Standard)
The unlawful killing of a human being without malice aforethought and without intent to kill.
Involuntary Manslaughter Elements
1)UK 2)HB 3) w/o malice 4) w/o intent to kill
Gross deviation from the reasonable standard of care. Must be more then mere tort negligence. Murray v State, People v. Rodriguez, State v. Bier
Unlawful Act (2 types)
1) Misdemeanor Manslaughter Rule-Must be in Malum in se(inherently immoral crime or act). Must be causal connection between unlawful act and the death.
2) Non-dangerous felony-Must be causal connection between unlawful act and the death.
People v. Ochoa
-Common law misdemeanor (two types recognized by criminal law) An attempt to commit a battery. Or an intentional placing of another in apprehension of receiving an immediate battery.
1)A 2)B(UA, F, P)
1)IPA 2) A 3)IB(UA, F,P)
Must intend to commit a battery. Victim does not need to be aware of assault. State v. Jimmerson, U.S. v. Jacobs
Victim must be aware of assault. Does not require intent to harm. Defendant need only intend to communicate a threat to inflict harm and have apparent ability to do so. Commonwealth v. Matsos, Most states require defendant have present ability to commit battery. EX: presenting pistol which has apearence of being loaded and causes fear in victim, advancing on another with a stick even though being stopped by a third party before coming within striking distance
California Assault 240
Unlawful attempt, coupled with present ability, to commit a violent injury on the person of another
assault with a deadly weapon (CA 245).
The unlawful application of force to the person of another. Every battery includes a criminal assalt.
1)UA 2)F 3)PoA
No injury required. Application of force may be indirect, need only set force in motion.
Touching must be without consent. Negligence generally not enough, although reckless behavior may be.
look at outline
Consent removes unlawful element of assault and battery unless it is:
1) Coerced or obtained by fraud
2) Given by one not legally capable of consenting (minor, disability, etc)
3) Not recognized by law (social harm, GBI)
(CL)Unlawful carnal knowledge (intercourse) with a woman, not his wife, without her consent. Must be against woman by use of force or fear. Force may be slight, implied or constructive but must be more than necessary to accomplish the act. Fear is a subjective and objective component. Submission must be reasonable. Any penetration of the vagina, however slight, is sufficient. At CL, one can rape his wife if he aids another in rape. Modern law includes wives. Defense: Good faith and reasonable belief in consent.
1) uck 2) WNF 3) W/O C 4)AW by F/F
Rape is the sexual intercourse against will by force, violence, duress, menace or fear of IBI
Unlawful sexual intercourse with a willing person under the age of consent.
The intentional unlawful confinement or restraint of another person without his consent. May be accomplished by physical barriers, physical force, threat of force, assertion of authority which results in submission.
(CL) The forcible abduction or stealing away of a man, woman, or child from his/her country and sending them to another. A misdemeanor in CL.
ML-Generally a felony. Aggravated if for the purposes of extortion for ransome.
Consent. No kidnapping if person confined or transported freely consented thereto without being under any legal, physical, or mental disability at time or subjected to coercion, threats or fraud. Not criminal in many states if it is only incidental to commission of another crime.
Maliciously depriving another of the use of such of his members may render him less able, in fighting, either to defend himself or annoy is adversary. Some states require either an intent to maim or disfigure or an unlawful act done under such circumstances that there is a plain and strong liklihood of such result (even if not actually intended)
Maliciously maiming of disfiguring another, except in a number of states a specific intent is required. Even where such an intent is required, it may be inferred from a deliberate act calculated to produce such a result.
(CL Misdemeanor) Fighting by previous agreement with deadly weapons. Usually under code of honor which establishes rules of the fight as well as preliminary arrangements. Law does not recognize consent nor justify or excuse conduct on these arrangements. Thus, one who kills another in duel may be guilty of murder by the seconds may be aiders/abettors.