HOMICIDE

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HOMICIDE

• Chapter 8

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Assignment Due

• Groups Discussion Questions p. 120
• Complete Quiz Assaults

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Homicide v. Murder

• Homicide is the killing of another human being.
  Includes all deaths by other than natural causes
  or acts of God.
• Murder is unlawful killing of another human
  being.

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Non-criminal Homicide

• Justifiable Homicide
• No fault
• Performing a legal duty police officer in line
  of duty, capital punishment execution,
• Necessary use of deadly force for self defense.
• Military action in time of war.

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Non-criminal Homicide

• Excusable Homicide
• Some degree of fault but it is excusable.
• Causing an accidental death without
  recklessness or negligence.
• Death of a child who runs out from between parked
  cars into path of driver.
• Death caused in the conduct of legal activities
  without wrongful intent. (mistake of fact told
  electrician the power was off).

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Criminal Homicide

• Murder the killing of another with
  premeditation.
• Manslaughter
• Voluntary no premeditation, provocation and
  passion involved.
• Involuntary unintentional murder committed
  during unlawful conduct or culpable (gross)
  negligence.

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Murder

• Malice
• Express actual intent to kill.
• Implied deliberate and knowing conduct that is
  likely to cause death regardless whether death
  was actually intended.

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Murder

• Modern interpretation of implied malice
• Deliberate indifference that causes death.
• Selling dangerous or toxic drugs resulting in
  death.
• Driving at high speed through a congested
  intersection and causing death.

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Murder

• Felony Murder Rule
• Causing a death during the commission of a
  violent felony.
• Implied malice one who commits a violent crime
  is responsible for the natural and probable
  consequences of their acts.
• States may limit the felonies to which the felony
  murder rule applies.

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Felony Murder Rule

• Combination Examples
• Victim kills co-offender.
• Co-offender kills victim.
• Co-offender kills bystander or police officer.
• Victim kills bystander or police officer.
• Police officer kills bystander, victim, other
  police officer, or co-offender.

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Murder

• How does the felony murder rule effect the
  normal rules of proximate cause?

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Murder

• Do discussion question 1, text p. 140.
• Is Don guilty of any unlawful homicide?

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Arizona Murder

• 13-1105. First degree murder classification
• A. A person commits first degree murder if
• 1. Intending or knowing that the person's conduct
  will cause death, the person causes the death of
  another person, including an unborn child, with
  premeditation or, as a result of causing the
  death of another person with premeditation,
  causes the death of an unborn child.
• 2. Acting either alone or with one or more other
  persons the person commits or attempts to commit
  sexual conduct with a minor under section
  13-1405, sexual assault under section 13-1406,
  molestation of a child under section 13-1410,
  terrorism under section 13-2308.01, marijuana
  offenses under section 13-3405, subsection A,
  paragraph 4, dangerous drug offenses under
  section 13-3407, subsection A, paragraphs 4 and
  7, narcotics offenses under section 13-3408,
  subsection A, paragraph 7 that equal or exceed
  the statutory threshold amount for each offense
  or combination of offenses, involving or using
  minors in drug offenses under section 13-3409,
  kidnapping under section 13-1304, burglary under
  section 13-1506, 13-1507 or 13-1508, arson under
  section 13-1703 or 13-1704, robbery under section
  13-1902, 13-1903 or 13-1904, escape under section
  13-2503 or 13-2504, child abuse under section
  13-3623, subsection A, paragraph 1, or unlawful
  flight from a pursuing law enforcement vehicle
  under section 28-622.01 and in the course of and
  in furtherance of the offense or immediate flight
  from the offense, the person or another person
  causes the death of any person.

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Degrees of Murder

• 1st Degree Murder with premeditation.
• 2nd Degree Murder with less than premeditation.

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Arizona Murder Degrees

• 13-1104. Second degree murder classification
• A. A person commits second degree murder if
  without premeditation
• 1. The person intentionally causes the death of
  another person, including an unborn child or, as
  a result of intentionally causing the death of
  another person, causes the death of an unborn
  child or
• 2. Knowing that the person's conduct will cause
  death or serious physical injury, the person
  causes the death of another person, including an
  unborn child or, as a result of knowingly causing
  the death of another person, causes the death of
  an unborn child or
• 3. Under circumstances manifesting extreme
  indifference to human life, the person recklessly
  engages in conduct that creates a grave risk of
  death and thereby causes the death of another
  person, including an unborn child or, as a result
  of recklessly causing the death of another
  person, causes the death of an unborn child.

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Degrees of Murder

• What are the mental elements that would
  constitute the sufficient mens rea in Arizona for
  2nd Degree Murder?
• Intentionally causing death.
• Knowing conduct that causes death.
• Deliberate indifference.

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Arizona Murder Degrees

• Defendant had prior DUI conviction, was warned
  not to drive drunk, refused ride, and was driving
  64 mph in 40 mph zone and crossed center line
  causing fatal head-on collision.
• Deliberate indifference? (2nd Degree)
• State v. Woodall 155 Ariz. 1 (1987) court said
  yes.

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Malice

• 1st Degree Murder requires
• Malice Premeditation
• 2nd Degree Murder requires
• Malice
• Malice is the condition of the mind which prompts
  one to do a wrongful act intentionally. State v.
  Hudson, 85 Ariz. 77 (1958).

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2nd Degree Murder?

• Drug dealer sells heroin to a purchaser who at a
  later time injects the heroin and dies as a
  direct result of an overdose.
• Murder 2nd?
• State v. Dixon, 109 Ariz. 441 (1973) court said
  no, sole act of selling drug no sufficient to
  constitute malice.

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Manslaughter

• 13-1103. Manslaughter classification
• A. A person commits manslaughter by
• 1. Recklessly causing the death of another
  person or
• 2. Committing second degree murder as defined in
  section 13-1104, subsection A upon a sudden
  quarrel or heat of passion resulting from
  adequate provocation by the victim or
• 3. Intentionally aiding another to commit
  suicide or
• 4. Committing second degree murder as defined in
  section 13-1104, subsection A, paragraph 3, while
  being coerced to do so by the use or threatened
  immediate use of unlawful deadly physical force
  upon such person or a third person which a
  reasonable person in his situation would have
  been unable to resist or
• 5. Knowingly or recklessly causing the death of
  an unborn child by any physical injury to the
  mother.

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Manslaughter

• What are the mental elements that would
  constitute the sufficient mens rea in Arizona for
  Manslaughter?
• Recklessly
• Passion caused by provocation.
• Knowing injury to mother of unborn child.

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Voluntary Manslaughter

• Provocation must be sufficient provocation that
  a reasonable and prudent person would be provoked
  to kill (objective test).
• Does not matter that the actual offender was
  provoked.

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Voluntary Manslaughter

• Provocation is not sufficient where
• Words alone.
• Simple assault or simple battery.
• Insulting gestures.

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Voluntary Manslaughter

• Provocation has been found
• Seduction of a spouse.
• Sexual Assault of a family member.
• Adultery in progress.

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Voluntary Manslaughter

• Provocation must evoke a sudden passion.
• Passion is more than anger.
• Provocation must prevent thought or reflection
  necessary to form a deliberate purpose.
• If passion has time to cool (objective test) then
  revenge is premeditated.

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Voluntary Manslaughter

• Do discussion question 2, text p. 141.
• Is Don guilty of any unlawful homicide?

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Voluntary Manslaughter

• Causal Connection Provocation must cause the
  passion which results directly in the homicide.

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Involuntary Manslaughter

• 13-1102. Negligent homicide classification
• A. A person commits negligent homicide if with
  criminal negligence the person causes the death
  of another person, including an unborn child.
• C. Negligent homicide is a class 4 felony.

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Involuntary Manslaughter

• Requires a killing during the commission of an
  unlawful act.
• The unlawful act must be wrong in itself.
• In Arizona the unlawful act must be a act of
  criminal negligence.

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Criminal Negligence

• More than simple or ordinary negligence.
• Requires
• Duty of care
• Breach of duty
• Proximate cause
• Harm or Injury
• Conduct must be likely to cause death or great
  bodily injury.

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Assisted Suicide

• Intentionally assisting another to commit
  suicide.
• Manslaughter in Arizona.