Crim Law 4

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Author:
paul
ID:
23538
Filename:
Crim Law 4
Updated:
2010-06-25 13:37:05
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Homicide
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Crim Law 4 - Homicide
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  1. YEAR-AND-A-DAY RULE

    1) Common law?
    2) NY (Majority) rule?
    1) Death must occur within A YEAR and ONE DAY of the homicidal act

    2) Death may occur at any time
  2. COMMON LAW

    MURDER
    1) DEATH

    2) of ANOTHER PERSON

    3) with MALICE AFORETHOUGHT (any one of the following)

    • intent to KILL (e.g., use of a DEADLY WEAPON)
    • intent to inflict GREAT BODILY HARM
    • DEPRAVED INDIFFERENCE (extreme recklessness)
    • FELONY MURDER
  3. COMMON LAW

    TRANSFERRED INTENT TO COMMIT HOMICIDE

    1) Rule
    2) Scope of application
    1) ∆'s INTENT TRANSFERS to an ACTUAL VICTIM, if ∆ intended to harm a different victim, but accidentally harmed the actual victim instead

    2) APPLIES to crimes with COMPLETED HARMS—i.e., does not apply to ATTEMPTED crimes
  4. COMMON LAW

    D shoots at A, intending to kill him. A ducks, and D's bullet hits V instead, killing him

    1) is D guilty of V's murder?
    2) is D guilty of any crime as to A?
    1) YES. D's intent to KILL A transferred from A to V

    2) YES. Attempted murder
  5. COMMON LAW

    D shoots at A, intending to kill him. A ducks, and D's bullet hits V instead. V is wounded, but does not die

    1) Is D guilty of attempted murder of A?
    2) Is D guilty of attempted murder of V?
    1) YES. D shot at A, with the intent to kill

    2) NO. Transferred intent does not apply to attempts.
  6. COMMON LAW

    MURDER-1
    Murder with

    PREMEDITATION and DELIBERATION (cool, calm, and collected)
  7. COMMON LAW

    MURDER-2
    ANY MURDER that is not murder-1
  8. COMMON LAW

    VOLUNTARY MANSLAUGHTER
    Intentional killing, in heat of passion, after adequate provocation (ordinary person, no time to cool off)
  9. COMMON LAW

    INVOLUNTARY MANSLAUGHTER
    A KILLING committed with

    • CRIMINAL NEGLIGENCE, or
    • DURING A CRIME if it is not a felony murder
  10. COMMON LAW

    FELONY MURDER

    1) Elements?
    2) Limitations on the felony?
    3) Vicarious liability?
    1) ANY DEATH caused by the commission of or attempt to commit a FELONY

    2) Conviction required, felony inherently dangerous, during/immediate flight, killing in furtherance of felony, death foreseeable, V is not co-felon

    3) Death imputed to all (even if caused by bystander/police, if proximately connected to co-felons)
  11. NEW YORK LAW

    MURDER-1 (intentional murder w/ special circumstances)

    1) What mental state?
    2) Age of ∆?
    3) Special circumstances
    1) Intentional murder

    2) ∆ ≥ 18 y/o

    3) SPECIAL CIRCUMSTANCES

    • V is a POLICE officer
    • WITNESS INTIMIDATION
    • murder for hire
    • 2 OR MORE victims
    • 1ST degree BRAKES felonies
  12. NEW YORK LAW

    MURDER-2

    What 3 forms?
    1) INTENT TO KILL (other than 1st degree, no special circumstances)

    2) DEPRAVED INDIFFERENCE (i.e., "extreme recklessness)

    3) FELONY MURDER (unintentional killing)
  13. NEW YORK LAW

    MURDER-2: Depraved Indifference
    1) KEY LANGUAGE—"Utter disregard for human life"

    2) MORE THAN ONE PERSON must be in danger, UNLESS the killing involves

    • brutal TORTURE, or
    • abandoning a HELPLESS victim to almost certain death
  14. NEW YORK LAW

    MURDER-2: Felony Murder

    Similar to common law
    All participants in the felony may be convicted of felony murder

    1) Applicable felonies "BRAKES"

    2) ∆ NEED NOT BE CONVICTED of underlying felony

    3) NON-SLAYER (aff. dfnse.) (did not foresee homicide during felony)

    • ∆ did not do the killing, and
    • ∆ did not have a deadly weapon, and
    • ∆ had no reason to believe his co-felons had deadly weapons, and
    • ∆ had no reason to believe his co-felons to do anything likely to result in death.
  15. NEW YORK LAW

    MANSLAUGHTER-1 (2 types)
    1) Intent to cause serious physical injury

    2) Death from EED (extreme emotional disturbance)
  16. NEW YORK LAW

    MANSLAUGHTER-2

    1) Definition
    2) Required mental state
    1) SUBJECTIVE STANDARD—∆ AWARE OF RISK and CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk of death

    2) RECKLESSNESS
  17. NEW YORK LAW

    CRIMINALLY NEGLIGENT HOMICIDE

    1) Definition
    2) Required mental state
    1) OBJECTIVE STANDARD—∆ SHOULD HAVE KNOWN of a substantial and unjustifiable risk of death

    2) NEGLIGENCE
  18. NEW YORK LAW

    AGGRAVATED HOMICIDE
    When victim of homicide is a POLICE OFFICER killed IN LINE OF DUTY
  19. NEW YORK LAW

    VEHICULAR HOMICIDE

    1) What the limit for DWI?
    2) Vehicular Man-2?
    3) Vehicular Man1?
    4) Aggravated Vehicular Man?
    1) DWI = BAC over 0.08%

    2) Death PLUS DWI

    3) Vehicular Man-2 PLUS an "aggravating" factor—(BAC > 0.18%, OR prior DWI conviction)

    4) Vehicular Man PLUS reckless driving

    ***if DWI results in injury only, the crime is vehicular assault

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