Criminal Law Part 2 of 2

Criminal Law Part 2 of 2 - CRIMINAL HOMICIDE 1 DEFINITION...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
CRIMINAL HOMICIDE 1. DEFINITION Common Law – The unlawful killing of another human being with malice aforethought. Note that this is completely an Actus Reus. Without a Mens Rea component, this is a neutral term. Couple this with a Mens Rea, and it becomes a criminal act. 2. TYPES M2 - Murder in the second degree (CA 15 yrs to life) M1 - Murder in the first degree (CA life imprisonment without possibility of parole, or possibility of death penalty in some states) VM - Voluntary manslaughter (CA 7-15 yrs) IM - Involuntary manslaughter (CA 3-7 yrs) 3. DEFENSES: Justification – implies that under the circumstances society does not believe that the death of the human being was undesirable, or that it at least represents a lesser harm than if the defendant had not acted as he did. 1. During war 2. State executions 3. Self defense, 4. Defense of other circumstances in certain situations Excuse – the defendant admits to wrongdoing, but asserts that he should not be punished because he is not morally blameworthy for the harm. 1. Infancy (i.e. extreme youth) 2. Insanity: (an actor who kills while insane, the law forgives) 3. Involuntary intoxication (where someone has slipped somebody drugs or a drink, that in effect, turns them “crazy”) 4. CAUSATION: Statute of limitations for causation Common Law – 1 year and a day. California – 3 years and a day. People v. Eulo – Where contended that since the victim was only brain dead, that doctors killed him by pulling the chord. o The court changed the definition of murder without the legislature o The court held that while traditionally in common law death was deemed to have occurred when the victim stops showing the vital signs of breathing and heartbeat, because of advances in medicine, death occurs when someone goes brain dead o Note* - Some states have done away with the statute of limitations altogether because it hinders prosecution; the dilemma that the victim’s family sometimes faces is to either pull the plug or drop case MURDER IN GENERAL
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Definitions Common Law Unlawful killing of another human being with “malice aforethought” California Penal Code - Unlawful killing of a human being, or a fetus (unless during a lawful abortion or when consented by the mother), with malice aforethought Gilbert v. Florida – Where the 75 year old husband shot and killed his wife of 51 years to relieve her of her suffering got M1 appealed court held that the issue of whether sentencing should be reflective of the circumstances surrounding the defendant is not open for the courts interpretation and something for the legislature to decide. Also since M1 is inclusive of the lesser homicides, the M1 instructions appropriately include and talk about the elements of the lesser homicides as well as the M1 elements. SECOND DEGREE MURDER
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

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.

Page1 / 11

Criminal Law Part 2 of 2 - CRIMINAL HOMICIDE 1 DEFINITION...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online