Criminal Law - OFFENSES AGAINST THE PERSON I Homicide A...

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O FFENSES A GAINST THE P ERSON I. Homicide A. Unlawful killing of a human being i. Corpus Delicti 1. Death a. No body required b. Circumstantial evidence is sufficient 2. Criminal Agency a. Must be established independent of a confession i. Unless the confession is made in court b. Circumstantial evidence is sufficient c. Requires only prima facie showing ii. Human being 3. Fetus a. Either born or b. In the process of being born B. Murder I ii. Premeditation 1. No exact definition of time. Three guides: a. Planning activity b. Motive c. Manner of killing iii. Felony Murder 1. Unlawful killing of a human being a. During the commission of a felony b. During the attempt to commit a felony, or c. While in flight after the commission of a felony i. Does not last forever but ii. Must be one criminal transaction 2. Predicate felony a. Inherently dangerous to human life i. Look at the felony in the abstract, not the particular facts of the case 1. Ex—armed robbery is a felony and is inherently dangerous to human life 2. Ex—impersonating a government official is a felony but not inherently dangerous to human life b. Cannot be predicated on assault i. Merger doctrine 1. Every murder requires an assault 1
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2. If any assault resulted in death, could be charged with felony murder every time (which is first degree murder in most jurisdictions) 3. Legislature did not intent to convert every assault resulting in murder into first degree murder (Felony murder) 4. Therefore, assault can never be the predicate felony for purposes of felony murder because it merges with the resulting homicide c. Look to the Statute i. Enumerated felonies within statute 1. Burglary, robbery, arson etc. 2. No enumeration—“during commission of felony” CHOOSE a. Inherently dangerous to human life b. Any felony, or c. Intent to commit a felony 3. Mixed—enumerated and “any other felony” CHOOSE a. Inherently dangerous to human life b. Any felony, or c. Intent to commit a felony C. Murder II iii. Malice 3. Unlawful killing with malice a. Malice is Extreme indifference to human life i. Firing gun into train ii. Driving speed boat through a crowd of swimmers iii. Firing gun into an occupied room iv. Throwing stones from roof of tall buildings D. Manslaughter iv. Unlawful killing without malice 1. Voluntary Manslaughter a. Intentional killing in the heat of passion with sufficient provocation i. Adequate provocation recognized by law ii. Actual provocation iii. Words are sufficient in some circumstances b. Imperfect self defense i. Subjective belief that life is threatened BUT ii. That belief is unreasonable 2. Involuntary Manslaughter a. Criminal Negligence 2
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i. Reasonable person could foresee risk of great bodily harm or death OR/AND? ii.
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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Criminal Law - OFFENSES AGAINST THE PERSON I Homicide A...

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