Criminal Law
Jones School of Law
LaGard Smith
Fall 2013
Principals
· Perpetrator-one who brought about the result (actually caused the harm)
· Abettor- wrongdoer who has HELPED caused the harm but was not directly responsible for the act that caused it (was present on the scene)
Accessory Before The Fact
· Inciter- wrongdoer who aids, encourages, commands or incites BEFORE THE FACT (not present on the scene)
Vicarious Liability-criminal liability for the acts of another
· Employers can be held vicarious liable for the acts of the employee
Suicide
· Modern statutes do not deem suicide a crime
Homicide- killing of one human being by another
· Innocent Homicide- do not involve criminal guilt
o Justifiable
§ Commanded by law-capital punishment
§ Authorized-Self-defense or kills as police officer
o Excusable
§ Accident- no Criminal Negligence or W/W Conduct
§ Incapacity- by one insane or a child
§ Mistake-reasonable mistake resulted in death
· Criminal Homicide
Murder- malicious killing of one human being by another
· Murder=homicide + malice
· Malice- life-threatening state of mind without justification, excuse, or mitigation
4 types of life-threatening states of mind
1. Specific intent to kill- murder in the absence of our 3 qualifiers (justification, excuse or mitigation)
a. For transferred intent, the intent need not be directed at the actual victim
b. The intent to kill may be inferred from evidence other than a confession or similar direct proof (deadly weapon)
2. Specific intent to do bodily harm- the “life threatening mental state” required for malice may come in the form of something less than a specific intent to kill
3. Wilful and Wanton life-threatening conduct- absence of care for the life of others
4. Felony-murder rule
a. Murder may be charged where a killing occurs in the perpetration of an inherently-dangerous felony
i. A felony is considered inherently dangerous if it usually is of a life-threatening nature
ii. Felonies traditionally regarded as inherently dangerous are: murder, robbery, manslaughter, rape, sodomy, arson, mayhem, and burglary. (MR. & MRS. AMB)
iii. For the rule to be applied, there must be a felony independent form any intended assault or killing
1. Felonious assaults (assault with intent to kill) are NOT included nder the rule
b. Killing must be done “in the perpetration of” the felony
i. Requirements:
1. MUST APPEAR THAT THE PERPETRATION OF THE FELONY WAS THE ACTUAL CAUSE OF THE DEATH
2. MUST APPEAR THAT THE DEATH OCCURRED WITHIN THE SCOPE OF SPACE AND TIME COERED BY THE FELONY’S COMMISSION (can be time leading up to the act of commission or acts going away from the already-completed felony) (Res Ges
Must determine whether TARM would still be enraged at the time the killing took place
o In order for Killing (which would otherwise be Murder) to be reduced to Manslaughter there are 3 requirements
§ Must have been Reasonable Provocation as a result o which
§ The actor must have been actually in the Heat of Passion
§ Act must have been done Before a Reasonable Cooling-Off Time had passed.
o Traditionally recognized Reasonable Provocations
§ Adultery
§ Violent Battery
§ Deadly Assault
§ Illegal Arrest
§ Injuries to Close Relatives
§ Hurtful words will not suffice, but informational words will
· “Imperfect” Right of Self-Defense (V/M)
o Def must not have been at fault
o Must have acted upon a reasonable and honest belief that
§ Was in danger
§ Had to use deadly force to defend himself
o Is not the “perfect” right of self-defense (where actor was not at fault)—many courts have recognized and reduced the killing to V/M
· Involuntary Manslaughter (unintentional) (Criminal Negligence, Misdemeanor-Manslaughter Rule, Vehicular Homicides)
o Neither justified, excused or mitigated
o Criminal negligence or death resulting from perpetration of certain misdemeanors
