Criminal Law Outline (Fall 2008)-Prof. Swedlow
Homicide: Intentional Killings
Elements of a crime
Men’s rea: Guilty mind; mental element (Ex: Dudley intends to kill boy)
Actus Reus: Helps us understand men’s rea; physical act based on men’s rea (Ex: Dudley slits boy’s throat)
Causation: Men’s rea and Actus Reus must cause the harm
Harm: The actual harm; Men’s rea and actus reas caused harm (Ex: The killing)
***Men’s reas…how can we tell? Using circumstantial evidence, you have to look at the facts and evidence that led up to the killing.***
Homicide: Intentional Killings
I. Mens Rea
Guilty mind; a guilty or wrongful purpose; a criminal intent
The mindset of D during the actual crime
1) 2 usages of “men’s rea: Problem is the term has a broad and narrow meaning
A.) Broadly: “guilty mind”, “vicious will” or simply “morally culpable state of mind”
-Def. is guilty of a crime if she commits the social harm with ANY blameworthy state of mind; whether caused the intentionally or other blameworthy mental state (recklessly, willfully, wantonly (deliberate))
B.) Narrow: “men’s rea” refers to the mental state Def. must have had with regard to the “social harm” elements set out in the definition of the offense. This is the “elemental” meaning of “men’s rea”
Def. is not guilty of an offense, even if she has a culpable frame of mind, if she lacks the mental state specified in the definition of the crime.
(Example: A person is guilty of (name of offence) if he intentionally does X (rob bank, takes a human life, or injures another—social harm elements)
-IF THEY DO X RECKLESSLY not guilty b/c X is required to be done INTENTIONALLY
2) Two Types of Homicide
A) Homicide: The killing of a human being by another human being.
B) Criminal Homicide: Unlawful killing of a human being by another human being
(1) Murder- a killing with malice aforethought. Malice shown by:
Common Law:
I. Intent to Kill
II. Intent to cause Grievous Bodily Harm (GBH)
III. Depraved Heart (wanton act, extreme recklessness, conscious disregard for high risk of death…Ex: shooting into a empty building or an empty train)
IV. Felony Murder-If you’re committing a felony and somebody dies during the commission of the felony, you are responsible for the murder.
Pennsylvania Statute 1794
I. 1st Degree Murder- poison, lying in wait (hiding), or any kind of willful, premeditated, and deliberate killing or felony murder.
II. 2nd Degree Murder-All other kinds of murder.
Model Penal Code- Need one of certain culpability (only one degree). It is committed:
I. Purposely-intentionally cause the action and intends the result
II. Knowingly-is aware that his actions may cause death (plane example)
III. Recklessly under circumstances manifesting extreme indifference to the value of human life-conscious disregard of a high risk of death
IV. Negligently- if Def. should be aware of the risk and fails to recognize that risk.
(2) Manslaughter: Types of “Unlawful Killings”
– Killings with Malice Aforethought
– MPC “homicide w/out malice aforethought on the one hand and on the other hand w/out justification or excuse
– Elements of Manslaughter
– 1st type
· Intentional Killing
· Sudden Heat of Passion
· Adequate Provocations
– Involuntary Manslaughter
· Result of lawful act done in an unlawful manner and w/out due caution
· MPC homicide committed in a criminally negligent manner
· Misdemeanor manslaughter
Murder: Intent to Kill
A. General
-One who intentionally kills another human being without justifications (self-defense), excuse (insanity), or mitigating circumstances (sudden heat of passion) is guilty of killing w/ “malice aforethought” –“express malice” and therefore is guilty of common law murder
B. Proving the intent to kill
a. In General
i. Natural and Probable- Consequence Rule
– Intentional killing is subjective fault: P must prove beyond a reasonable doubt that D actual intent to another person
– How to Prove:
1) Ordinary people intend the natural and foreseeable consequences of their actions
2) D is an ordinary person
3) Therefore D intended the consequences of his actions
ii. Deadly Weapon
– Use of a deadly weapon implies an intent to kill
– “Deadly Weapon” is anything “designed, made, or adapted for the purpose of inflicting death of SBH”
C. “Willful, Deliberate, and Premeditated Killing”
a. Elements of First Degree Murder:
1) Premeditation: “To think about it beforehand”, is giving it thought; (Can be as quick as a twinkle of the eye
2) Deliberate: Measure and evaluate the major facets of choice or problem; means your thinking about the consequences of the murder and how your going to do it
3) Willful- Intentional; Intent to kill
****You can have premeditation without deliberation, but you can’t have deliberation without premeditation****
Example: Father is deathly ill. Son goes into the hospital and shoots his father, saying he wanted to put him out of his misery and suffering.
Willful: Said he wanted to put his dad out of his misery.
Premeditated: Brought the gun to the hospital.
Deliberate: Cocked the gun each time.
To prove premeditated and deliberate, look at circumstantial evidence (events before and after the crime).
Categories of Circumsta
doctrine prevents this charge
iv. Without this rule there could never be an involuntary manslaughter b/c it would always convert to felony murder
v. Most criminal homicides have assault and without this you could say that assault is a felony and find a manslaughter D guilty of murder
vi. EX: Armed robbery, the assault does not merge since the purpose (take property) is independent of the homicide.
Killing by a Non-Felon
i. The “Agency” Approach (Majority View)
– Not responsible for 3rd party actions, only D’s and D’s accomplices (The majority rule is that the felony –murder doctrine does not apply if the person who directly causes the death is a non-felon (accomplice liability theory)-The person who committed the crime is not an accomplice/agent
– Felony Murder Rule will have little to no deterrent when the killer is a non-felon
ii. The “Proximate Causation” Approach (Minority View)
– “A felon may be held responsible under the felony-murder rule for a killing committed by a non-felon if the felon set in motion the acts which resulted in the victim’s death
– Only responsible for deaths of non felons
– Death of a felon is a justifiable homicide
1) Justifiable Homicide: Proper and permissible killing (society indicates its approval of the actor’s conduct; justification focuses on the act)
– Death of bystander shot by accident is excusable homicide
1) Excusable Homicide: involves a wrongful result for which the actor is
morally accountable (a def. asserting an excuse admits his wrong doing,
but asserts that he should not be punished because he is not morally blameworthy for the harm.
– “The Provocative Act” Doctrine
– F1 points gun at X, X shoots in self defense and kills V. F1 can be convicted b/c he provoked X into the shooting, F1 would be guilty of reckless murder
– Res Gestae- The felony murder rule applies when a killing occurs “during” the commission or attempted commission of a felony; it still applies even after a felony is technically completed, if the killing occurs during the escape from the scene of the crime, at least if its part of the continuous transaction
