CHAPTER 9 CRIMES AGAINST THE PERSON HOMICIDE Definition

CHAPTER 9 CRIMES AGAINST THE PERSON

HOMICIDE � Definition – Killing of one human being by another � Can be CRIMINAL or NON-CRIMINAL �Criminal – committed with intent, or recklessly without the regard for human life �Non-Criminal – “excusable” or “justifiable”

HOMICIDE � Homicide is NOT the same as Murder �Murder is a type of homicide � MURDER must be done with malice �Malice = having the intent to kill or seriously harm another person, or acting in an extremely reckless manner that shows lack of regard for human life �Different degrees of murder

HOMICIDE � First Degree Murder �**ELEMENTS** ○ Intentional killing of another human being ○ Premeditated ○ Deliberate ○ Done with Malice �Intent can be to kill or to cause severe bodily injury

HOMICIDE � Example – Bert swings a sword at Ernie with the intent to cut off his arm. Ernie dies of blood loss. Bert will be guilty of first degree murder even though he might not have intended for Ernie to die, because he intended to cause severe bodily injury

HOMICIDE � Premeditation – �Most courts agree that this can be RIGHT BEFORE the crime. �Ex: Angelina decides, after considering it for a second, to shove her ex-husband Brad in front of an oncoming train and he dies ○ Even though Angelina didn’t plan this crime ahead of time, she considered it for a second before shoving him. This is sufficient.

HOMICIDE � Punishment �In PA – death penalty or life in prison without parole.

HOMICIDE � Second Degree Murder (Felony Murder) �**ELEMENTS** ○ Killing ○ Committed during the course of a felony ○ While the defendant is engaged in the felony as a principal or accomplice �This is true EVEN IF the killing was accidental �Applies to felonies such as arson, rape, kidnapping, robbery, etc.

HOMICIDE � Second Degree Murder (Felony Murder) �Example – Two men break into an elderly couple’s house, tie them and gag them, and rob them. They leave the elderly couple tied up. Police don’t fine them until a week later, when they have died of starvation and dehydration. Both men will be guilty of second degree murder even if they never intended for the elderly couple to die.

HOMICIDE � Second Degree Murder (Felony Murder) �Example – Brenna and David burn down a pizza shop that competes with their family’s Italian restaurant. Unbeknownst to them, the owner of the pizza shop was working late and was in the building. He died in the fire. Brenna and David will be guilty of second degree murder.

HOMICIDE � Second Degree Murder (Felony Murder) �Example – Shane and Delaney are robbing a pet store. Delaney is sitting out front in the getaway car (accomplice) when Shane goes inside and demands cash (principal). When the employee moves too slowly, Shane shoots and kills him. Delaney will be guilty of second degree murder.

HOMICIDE � Third Degree Murder �All other types of murder �Usually unplanned murder � PA – has a separate crime. Some states include in voluntary manslaughter � 10 -20 years in prison

HOMICIDE � Voluntary Manslaughter (Difficult Concept) �There are SEVERAL types of homicide that can be considered voluntary manslaughter �“Heat of Passion” Crimes

HOMICIDE � Voluntary Manslaughter – Type 1 �**ELEMENTS** ○ Killing ○ When the defendant is under the intense and sudden passion resulting from serious provocation (more than mere words) by �The individual killed OR �The individual he intends to kill, but accidentally kills someone else instead ○ No “cooling off” period

HOMICIDE � Voluntary Manslaughter – Type 1 �WHAT THE HECK DOES THIS MEAN? ? �Classic Scenario – Husband walks in on wife having an affair. In the heat of passion, husband kills the wife and/or her lover. ○ This would be Voluntary Manslaughter �What if the husband had time to leave the house, walk to his car, get his gun, return to the bedroom, and shoot? Now it’s murder because he had time to “cool off. ”

HOMICIDE � Voluntary Manslaughter – Type 2 �**ELEMENTS** ○ Person intentionally or knowingly kills the victim ○ At the time of the killing, he believes that the circumstances justified the killing ○ His belief was unreasonable

HOMICIDE � Voluntary Manslaughter – Type 2 �Example – During an altercation, the defendant shows a gun. The victim punches the defendant, causing him to fall to the ground. The defendant is afraid the victim will kill him, so he fires his gun at the victim, even though the victim has already run away. He hits and kills the victim.

HOMICIDE � Voluntary Manslaughter – Type 2 �Allegheny County Judge Manning held that this was Voluntary Manslaughter ○ Was the defendant justified in shooting the victim? NO ○ Was is reasonable for the defendant to shoot the victim? NO ○ Did the defendant BELIEVE that his reasoning was justified? YES

HOMICIDE � Involuntary Manslaughter �**ELEMENTS** ○ Unintentional killing ○ Resulting from conduct that is reckless or grossly negligent that it causes extreme danger of death or bodily injury �The killing does NOT have to be intentional �Classified in PA as a misdemeanor of the first degree (2. 5 -5 yrs in prison)

HOMICIDE � Involuntary Manslaughter �Example – Driving your car 100 mph in a 35 mph zone, when you wreck and cause the death of another driver �Example – Defendant is playing with a gun that he knows is loaded and the gun fires, hitting and killing someone

HOMICIDE � Causing Suicide �PA LAW ○ **ELEMENTS** �Causing another to commit suicide �Intentionally �By force, duress, or deception

HOMICIDE � Aiding Suicide �PA LAW ○ **ELEMENTS** �Intentionally aids or solicits another to commit suicide �His conduct must actually cause the suicide or an attempted suicide �Would bullying be a crime under this section? Is so, when?

HOMICIDE � Drug Delivery Resulting in Death �PA LAW ○ **ELEMENTS** �The defendant intentionally gives, sells, or otherwise distributes any controlled substance or counterfeit controlled substance �And another person dies as a result of using it ○ Penalty – Up to 40 years in prison