CHAPTER NINE

1
CHAPTER NINE

• CRIMES AGAINST PERSONS I CRIMINAL HOMICIDE

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History of Criminal Homicide

• Early common lawonly one category
• Laterdivided into
• Murder
• Manslaughter
• Modern laws
• 1st degree murder
• 2nd degree murder
• Voluntary manslaughter
• Involuntary manslaughter

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Homicide

• Definitionkilling of another live human being
• Types
• Justifiable homicides
• Excusable homicides
• Criminal homicides

4
Taking a Life

• Fetal death statutes
• When does life begin?
• When does life end?
• Brain death

5
Causing Anothers Death

• What if the person dies at a later time?
• Year and a day rule

6
First Degree Murder

• Types
• Premeditated
• Deliberate killing
• Heinous and atrocious
• Henyard v. State

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Second Degree Murder

• Intentional deaths that are not premeditated
• People v. Protopappas

8
Felony Murder

• What is it?
• Policy reasons
• Deter offenders
• Reduce violence
• Punish wrongdoers
• Third-party exception
• State v. Stewart

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New York Felony Murder (PL 125.25(3))

• Elements
• Commits or attempts to commit
• Robbery, burglary, kidnapping
• Arson, rape, sodomy
• In course and furtherance of the crime or
  immediate flight therefrom
• Causes death of person, not a participant

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New York Felony Murder

• Affirmative defense
• Defendant not only participant
• Defendant
• Did not commit homicidal act AND
• Not armed with deadly weapon AND
• No reason to believe other armed AND
• No reason to believe other intended to engage in
  conduct likely to cause death or serious injury

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Corporate Murder

• Rarely used and rarely convict
• People v. ONeill

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Voluntary Manslaughter

• Intentional killing
• Under extenuating circumstances
• Limitations of adequate provocation rule
• Sudden heat of passion
• No time to cool off
• Provocation caused the passion and killing
• The provocation is recognized by law

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Voluntary Manslaughter (contd)

• Most common adequate provocation
• Mutual combat
• Assault and battery
• Trespass
• Adultery
• Paramour rule
• Commonwealth v. Schnopps

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Involuntary Manslaughter

• Types
• Criminal recklessness
• Criminal negligence
• Misdemeanor manslaughter
• State v. Mays

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CRIMES AGAINST PERSONS I CRIMINAL HOMICIDE

• END CHAPTER NINE