I. The history of criminal homicide law
A. Since the eighteenth century, the law has recognized three kinds of homicide: justifiable, excusable, and criminal
B. Criminal homicide is the most serious of all felonies known to our law
C. Criminal homicide is divided into two categories: murder and manslaughter
II. The elements of criminal homicide
A. Actus reus—taking the life of or causing the death of another person (live human being)
1. Depends on how the law defines
a. When life begins
b. When life ends
2. Defining the beginning and end of life is controversial and differs among jurisdictions
B. Mens rea—causing the death of another
1. Purposely
2. Knowingly
3. Recklessly
4. Negligently
C. Causation—acts that set in motion a chain of events that amount to cause in fact or legal cause of the death of another
D. Criminal harm resulting in the death of another
III. Murder
A. Murder is the unlawful killing of another with malice aforethought
B. Historically, “malice aforethought” consisted of five mental states—the specific intent to do one of the following:
1. Kill another person
2. Seriously injure another person
3. Commit specified dangerous felonies
4. Forcibly resist a lawful arrest
5. Create a higher than criminally reckless risk of death or serious bodily injury (depraved-heart murder)
C. The law defines four types of murder
1. First-degree murder
a. Premeditated, deliberate killings
b. Atrocious, brutal, or cruel murders (in capital cases)
2. Second-degree murder
a. Intentional killing without premeditation
b. Killings resulting from the intent to do serious bodily injury
c. Killings resulting from the resisting of lawful arrest
d. Killings that occur during the commission of felonies
3. Felony murders—unintentional deaths that occur while committing dangerous felonies
a. Intent to commit the underlying crime satisfies the mens rea of felony murder
b. Felony murder has three goals
(1) Deter offenders
(2) Reduce violence
(3) Punish wrongdoers
c. Four states have abolished it
d. When someone besides the defendant caused the death
(1) Third-party exception prevents felony murder conviction
(2) Resisting victim exception allows felony murder conviction
4. Corporation murder
a. Corporations can legally commit murder
b. Practically, prosecutions of corporations for criminal homicide don’t exceed involuntary manslaughter charges
IV. Manslaughter
A. Can be either voluntary or involuntary
B. Elements of voluntary manslaughter
1. Actus reus—taking the life or causing the death of another person
2. Mens rea—intent to kill or cause serious bodily harm
3. Adequate provocation
a. Is a circumstance element
b. Occurs in the sudden heat of passion before there was a reasonable time for the passion to cool off
c. Caused both the passion and the killing
d. Is specified by law
(1) Fighting (mutual combat)
(2) Assault and battery
(3) Trespass
(4) Adultery (paramour rule)
e. Response must be reasonable to ordinary people
f. Never consists of words
4. Causation—the acts that triggered the chain of events that led to the death
5. Result—the death of another
C. Involuntary manslaughter is the killing of another person unintentionally
1. Requires the mens rea of either criminal recklessness or criminal negligence
2. Occurs during the commission of unlawful acts (like reckless or negligent driving)