Term
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Definition
| The killing of one human being by another human being. |
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Term
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| justifiable, excusable, criminal |
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Term
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| Excusable is justifiable, negligent, capital murder and murder one and two. |
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Term
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| Unlawful killing of another human being with malice aforethought |
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Term
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Definition
intention to kill, actual or implied.
actual is manifested intent
implied is desire to create grievous bodily harm., or where the natural tendency of behavior was to create death or great bodily harm (child punishment? drowning)
ONE OF THE FOLLOWING: intent to kill (use of a gun and death occurs will be deadly wepon and thus murder)
intent to create great bodily harm (beating someone up who dies)
intent to commit a felony (must be in the process of the felony at the time)resist of lawful arrest: old view, caused killing-guilty regardless, but better view: awareness of high risk of death (depraved mind, malignant heart) traditional view- ignoring circumstances shows depravity must be aware of this risk.
better view: recklessness and unknowingly creating the risk is "too far removed from intentional killing to be considered the same creation of risk
too many: jeopardizing many persons, not specifically to the victim |
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awareness to obligation to obey laws in addition to malice aforethought (California supreme court)
1981 CAL PENAL CODE abolished this requirement. |
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| Proof of malice aforethought |
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Definition
| may be proven with circumstantial evidence. however, there is a constitutional requirement of innocent until proven guilty. |
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Definition
STATUTES: divide into first and second degree murder. premeditated murders: intent to kill with some reflection, deliberation, reasoning or weighing.
proof of opportunity to premeditate as well as jury decided in fact was premeditate.
HOWEVER, some courts say this can be instantaneous. proof of actual due consideration; some courts need direct proof of consideration (calm thought) evidence can be planning, preexisting notice, even measuring a lethal dose.
EXAMPLE (in a pasture a woman is raped and killed by strangulation. there is no evidence here of premeditation.)
premeditation (opportunity, consideration) killing during certain felonies, bombs, poison, lying in wait killing by torture, capital murder (sentenced to death if there are specific cspecial circumstances, several enumerated aggravated factors)
California requirements for premeditation
before 1981, maturely and meaningfully consider, thus diminished capacities and retardation might not show premeditation.
1981 was amended to provide that there is no need to prove D maturely and meaningfully reflected on the gravity of the killing. |
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| California requirements for premeditation |
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Definition
before 1981, maturely and meaningfully consider, thus diminished capacities and retardation might not show premeditation.
1981 was amended to provide that there is no need to prove D maturely and meaningfully reflected on the gravity of the killing. |
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| Killing a person by poison, bomb, lying in wait |
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Definition
| sometimes specifically made first degree murder, but not necessarily. |
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Definition
some felonies will make a first degree charge, even accidental death. (also co-felons are guilty, even if victim is one of them)
some are second degree murder (check statute) applies to perpetration and attempted perpetration of these murders.
might likely include: arson, rape, burglary (breaking an entering) kidnapping mayhem sexual molestation of a child even where there is contributory negligence this functions like a strict liability
CALIFORNIA PENAL CODE: killings committed during other felonies other then listed are second degree.
LIMITATIONS: some courts ( foreseeable death) in case of firefighter, should have known firefighters would come to aid, and thus ff death was a foreseeable, also some negligence would also be foreseeable. must be a dangerous felony, gun cleaning by felon does not apply and must be dangerous in manner of death (gun discharge while cleaning it by a felon)
felony must be independent (and accidental?) otherwise killing merges with the killing and crime eg. rape resulting in death becomes murder one.must actually cause death, police and victims do not count
COMPARE: a resisting victim in a robbery kills another felon, then felons are not liable. in the perpetration of the felony. MPC: not a separate category of murder. but might still be guilty if committing a dangerous crime by showing reckless indifference to human life. |
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| need proof of intent to pain and suffering for the purpose of revenge, humiliation etc. and is not necessarily first degree murder. and there has to be a causal relationship between the torture and the death of V. |
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Definition
all murders which are not made to be first degree murder.
has to specifically be on the first degree murder list. |
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Definition
| defendant has to be convicted of capital murder itself to be sentenced to death. |
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Definition
a killing (otherwise murder) which is in response to provocation, because of no malice aforethought.
a matter of law for the judge. should be reduced if reasonable believed about provocation. and if provoked, but misses and kills other then ok to be reduced. if intends to kill nonprevoking person then no reduction. sometimes a close relative can be provoked and allowable for reduction. person must actually be prevoked (subjective). sometimes culminative events allowable.
MPC: influence of extreme mental or emotional disturbance which has a reasonable explanation or excuse. anger or embarrassment not enough. imperfect defense case. where D believes reasonable force used in(self defense) however evidence shows unreasonable force used. then creates a vouluntry manslaughter because of imperfect defense.
ELEMENTS:provocation causing reasonable person to lose control (objective-outside, no special circumstances considered) MPC: under the circumstances as the D believed them to be.
in fact provoked
immediate (no cool off)
not cooled off as a fact as a matter of law:
words alone insufficient, (minority, if convey some informaiton, ex. confession of rape)
battery, unless severe.
assault(remember this is attempt battery... fired a gun at and missed) courts are split
illegal arrest: in best view, perhaps it can
adultry most if in act, some even if hears about it later, or sees person suspected of such.
mutual quarrel(unless at the beginning of the fight D took an unfair advantage) |
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Term
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Definition
unintentional killing if:
criminal negligence( unintentional killing by the commission of an act, even lawful. more then civil negligence. wanton or reckless need to go beyond even gross
negligence ( blind hunter) awareness of risk might be needed.
during unlawful act, not a felony nature of unlawful act, suicide is not illegal, but is unlawful, therefore killing someone accidentally who rescues you is involuntary manslaughter. so is drinking and driving?
LIMITATIONS: (some courts) malum in se (wrongful in itself) not just malum prohibitum (prohibited for convenience, like traffic) negligence in addition to unlawful act ,,, act with criminal negligence not just misdemenor. maybe has to be cause of death. |
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| murder: killing committed purposely knowingly recklessly under circumstances manifesting extreme indifference |
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Definition
killing commited recklessly emotional disturbance or mental one.. otherwise is murder, but has a reasonable explanation or excuse.
NEGLIGENT HOMICIDE: killings commited negligently
problems relating to homicide liability fetus killing not murder
CA PENAL CODE: unlawful killing of another human being, or fetus,.... with malice aforethought constitutional right to privacy.
definition of death: cessation of heartbeat and respiration (possible brain death)
must be a year and a day from "fatal blow" to count as cause....
CALIFORNIA PENAL CODE: extended to 3 years and a day
Aiding suicide
COMMON LAW: suicide is murder
CA PENAL CODE: assisting suicide is separate death. |
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Term
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Definition
| Detention or imprisonment of a person contrary to the provisions of law. |
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Term
| Essential Elements of False Imprisonment |
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Definition
words or acts by the defendant intended to confine plaintiff;
actual confinement; and
awareness by the individual that he/she is being confined.
To help determine if false imprisonment has occurred, consider the circumstances of the situation:
Did someone you know commit a crime?
Were you injured or threatened if you attempted to leave?
Were you restrained against your will? |
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