the killing of another person

includes: feticide, patricide, matricide, regicide, suicide, fratricide, sororicide, parricide, & infanticide

not all homicides are crimes

T/F

true

justifiable, excusable homicides exist

Common Law for

Criminal Homicide

depraved & malignant heart, with malice aforethought, premeditated and deliberate.

has to do with rank order of seriousness for punishment purposes, and mens rea

"ceasing of all brain activity"

- Whether they have 1 minute or 100 years, person is alive

-modern technology gives us ability to sustain bodily function

as long as there is brain activity, the law is clear that quality of life issues and the motive of the actor are not relevant.

- NO mercy killings

- actus reus (voluntary)

-mens rea

-PKRCN

-Causation: legal & proximate cause

* ex: burglar breaks in and owner has heart attack

common law had "year and a day" rule

- rule no longer followed in MO, and many other states

* Ex: recent action @ fed level is AIDs

-capital murder

- murder, 1st degree felony

-murder, 2nd degree felony

-vol. manslaughter: heat of passion

-invol. manslaughter: extreme negligence

1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter. 

2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor 

Life w/o parole OR death

*Greg v Georgia

1. Whether a statutory aggravating circumstance(s) enumerated in subsection 2, is established by the evidence beyond a reasonable doubt, AND

2. if proven, does the evidence as a whole justify a sentence of death or life.

1) person has a prior record of conviction for murder in 1st degree, or 1+ assaultive convictions

2)if committed while offender was in the process of committing another unlawful homicide

3)offender knowingly created great risk of death for more than 1 person

4)committed offense for the purpose of money

5) was committed against an officer of the court/law enforcement/elected official

6)hired to kill someone

7)murder is outrageously vile, horrible, or inhuman; involved torture or depraved mind

8) committed against peace officer or fireman

9) committed murder in a place of lawful confinement

10) committed to prevent, interfere, or avoid arrest

11) if committed while perpetrating felony rape, sodomy, burglary, robbery, kidnapping

12) murder of a witness

13) murder of an employee of dept. of corrections

14) murder while hijacking

15) murder to conceal another felonious offense

16) murder to refrain from prosecution

17) murder in street gang activity

1) no significant history of priors

2) committed while defendant was under extreme mental or emotional disturbance

3) victim was participant in defendant's conduct

4) defendant was an accomplice & participation was relatively minor

5)acted under extreme duress or domination

6) defendants capacity to appreciate conduct was substantially impaired

7) age od defendant at time of crime

1. A person commits the crime of murder in the second degree if he:

(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter

A person commits the crime of voluntary manslaughter if he:

(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he caused the death under the influence of sudden passion arising from adequate cause; or (2) Knowingly assists another in the commission of self-murder.

2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

3. Voluntary manslaughter is a class B felony. 

A person commits the crime of involuntary manslaughter in the first degree if he or she:

(1) Recklessly causes the death of another person; or 

(2) While in an intoxicated condition operates a motor vehicle or vessel in this state and, when so operating, acts with criminal negligence to cause the death of any person; or 

(3) While in an intoxicated condition operates a motor vehicle or vessel in this state, and, when so operating, acts with criminal negligence to:(a) Cause the death of any person not a passenger in the vehicle or vessel operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, RSMo, or the highway's right-of-way; or vessel leaving the water; or(b) Cause the death of two or more persons; or(c) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood; or

(4) Operates a motor vehicle in violation of subsection 2 of section 304.022, RSMo, and when so operating, acts with criminal negligence to cause the death of any person authorized to operate an emergency vehicle, as defined in section 304.022, RSMo, while such person is in the performance of official duties;

(5) Operates a vessel in violation of subsections 1 and 2 of section 306.132, RSMo, and when so operating acts with criminal negligence to cause the death of any person authorized to operate an emergency watercraft, as defined in section 306.132, RSMo, while such person is in the performance of official duties.

2. Involuntary manslaughter in the first degree under subdivision (1) or (2) of subsection 1 of this section is a class C felony. Involuntary manslaughter in the first degree under subdivision (3) of subsection 1 of this section is a class B felony. A second or subsequent violation of subdivision (3) of subsection 1 of this section is a class A felony.

 For any violation of subdivision (3) of subsection 1 of this section, the minimum prison term which the defendant must serve shall be eighty-five percent of his or her sentence. Any violation of subdivisions (4) and (5) of subsection 1 of this section is a class B felony.

3. A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of any person.

4. Involuntary manslaughter in the second degree is a class D felony.

to have only assault and aggravated assault, then specific victim assault ( elderly, child, domestic). Battery is eliminated or combined.

MO doesn't have aggravated assault, it has 1st, 2nd, & 3rd degree assault

1. A person commits the crime of assault in the first degree if he attempts to killor knowingly causes or attempts to cause serious physical injury to another person.

2. Assault in the first degree is a class B felony unless in the course thereof the actor inflicts serious physical injury on the victim in which case it is a class A felony. 

1. A person commits the crime of assault in the second degree if he:

[Note: If they were successful and the person died it would be Voluntary Manslaughter with punishment of Class B Felony] 

(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

(3) Recklessly causes serious physical injury to another person; or

(5) Recklessly causes physical injury to another person by means of discharge of a firearm; or (4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself

1. A person commits the crime of assault in the third degree if:

     (1) The person attempts to cause or recklessly causes physical injury to another person; or

     (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or

     (4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or (3) The person purposely places another person in apprehension of immediate physical injury; or

     (5) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or 

4. A person who has pled guilty to or been found guilty of the crime of assault in the third degree more than two times against any family or household member… is guilty of a class D felony for the third or any subsequent commission of the crime of assault in the third degree when a class A misdemeanor. The offenses described in this subsection may be against the same family or household member or against different family or household members.

Note:  these are the old common law assaults and they are Class C misdemeanors 

Armed Criminal Action

(weapons violations)

1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.

2. Any person convicted of a second offense of armed criminal action shall be punished by imprisonment by the department of corrections and human resources for a term of not less than five years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of five calendar years. 3. Any person convicted of a third or subsequent offense of armed criminal action shall be punished by imprisonment by the department of corrections and human resources for a term of not less than ten years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of ten calendar years.

other protected individuals

from assault

elderly ( 60+)

*1st, 2nd, 3rd degree 

vulnerable persons (under custody, care, or control of the Dept. of Mental Health)

*1st, 2nd, 3rd degree

Penalties of child abuse

MO 568.060.1.

guilty of child abuse if:

1) knowingly inflict cruel/inhuman punishment upon a child <17

2) photographs/films a child <18, engaging in a prohibited sexual act, or simulation of such an act.

Class C felony, unless:

1) inflict serious emotional injury on the child, or the offense is committed as part of a ritual/ceremony ( Class B felony)

2) child dies as a result of injuries sustained (class A felony)

required forcible abduction & removal from country (asportation)

*some required removal from state

Class A felony kidnapping

MO 565.110

*Under age 14 not capable of giving consent 

(1) Holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or

(2) Using the person as a shield or as a hostage; or

(3) Interfering with the performance of any governmental or political function;

(4) Facilitating the commission of any felony or flight thereafter; or

(5) Inflicting physical injury on or terrorizing the victim or another. 

1. A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.

2. False imprisonment is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class D felony. 

Common Law

"Sodomy"

sex with an animal (bestiality)

OR

anal intercourse (buggery)

Common Law

"rape"

forcible, unconsented to carnal knowledge of a woman by a man who is not her husband

*CK = sexual intercourse

*if not forced, no crime

*required women to "resist to her utmost"

-victims: wives and men couldn't be

- offenders: husbands couldn't rape their wives, and only men could commit the crime

- oral sex

- sex using an object other than a penis

began in 60's, inspired by civil rights movement, women called for changes in criminal law ( both substantiative & procedural)

* Sub: married women & males included, more behaviors covered, & elimination of requirement to fight back

* Pro: no use of victim's prior sex life

- any act involving the genitals of one person and the hand, mouth, tongue, or anus of another; 

- a sexual act involving penetration of the male or female organ or anus by a finger, instrument, or other object, for the purpose of arousing or gratifying the sexual desire of any person or for terrorizing the victim

physical force that overcomes reasonable resistance.

- a threat places one in fear of death, serious injury, or kidnapping

(1) whether violence or threats preceded the sexual act; (2) the relative ages of the victim and accused; (3) the atmosphere and setting of the acts; (4) the extent to which the accused was in a position of authority, domination, and control over the victim; and (5) whether the victim was under duress.  State v Campbell – (Mo App 2004)

consent is NOT a defense, when:

1)conduct depends on victim's  being incapacitated, not a crime if actor reasonably believed the victim was not incapacitated; defendant has burden of proof for belief

2) conduct depends upon child <13, no defense to believing child is older

3)conduct depends on child being <17, it is an affirmative defense

4)consent not affirmative defense if alleged victim is <12

5 to life, unless:

1) minimum 15 years for:

a. inflicts serious physical injury

b. displays  deadly weapon in threatening manner

c. subjects victim to sex w/ more than one person

2) victim is a child <12

 * life w/o parole, until 30 years served, or actor is 75 w/ 15 years served

3) victim <12, and forcible rape was outrageously vile, horrible, inhuman, in which the actor had tortured/depraved mind

*life w/o probation, parole, or conditional release

Statutory rape

2nd degree penalty

21+ and has sexual intercourse w/ person <17

*Class C Felony

having sexual intercourse w/ another while knowingly not having that persons consent

* Class C felony

5 to life, unless:

1) inflicts serious physical injury, displays deadly weapon, or forces sex w/ more than one person (no less than 10 years)

2) victim is child <12 (life w/o probation or parole until defendant has served @ least 30 years or is 75 & served 15 years)

3) victim is child <12 & act was outrageously vile, inhuman, involved torture or depraved mind (life w/o probation, parole, or conditional release)

statutory Sodomy (& attempt)

1st degree penalty

deviate sexual intercourse w/ person <14

*5 to life, unless: (same as forcible sodomy) and then no less than 10 years

no use of evidence of complaining witness' prior sexual conduct, except:

-evidence of previous consentual sex w/ defendant & evidence is contemporaneous w/ date of crime

- evidence of specific instances of sexual activity showing alternative sources/origin of semen, pregnancy, or disease

-evidence of immediate surrounding circumstances

-evidence relating to previous chastity of complaining witness (proven by prosecution) 

- Real: land and things permanently affixed to it

- Personal (chattel): can be tangible or intangible

*tang: ring, car, pig

*intang: ideas (KFC's secret recipe), poem, reputation

-familiar to title to land or car

-not all personal property comes w/ a "paper" title, but title denotes ownership

-full title is a bundle of right (bundle can be separated & different people can own different rights concurrently)

not only bundle of rights in property ownership, also numerous ways people can hold/own rights

*joint tenancy w/ rights of survivorship, tenants in common, life estates, ownership rights under the community property laws of various states

special category of rights

-bailor is person who owns property

-bailee is person who has the right to possess the property for a particular purpose

*bank/your money, dry cleaner/your clothes

oldest is larceny

-theft of livestock or by stealth/force were most serious larcenies

-cons & clever takings, not crimes bc idea was if you're stupid enough to lose it, you deserve it

-as commerce & business became more complex, we needed high levels of trust in order for system to work

skewed towards the business, not the buyer

* "let the buyer beware"

person already has right to posses, but converts property for own use

* conversion: use of property in a manner that is inconsistent with the true owners rights

1) false representation (a lie:tires are new) made for the purpose of deceiving victim

2) actual reliance by victim

3) actual harm to the owner's property interests

- "finders keepers, losers weepers?" NO

-does it depend on type of property? YES ($ and proof of ownership)

-can only transfer title that you have, no title means only possession

- possession 9/10th of the law? YES, unless you can prove ownership

-couch on sidewalk = no possession/ownership

-car in driveway that doesn't work = still has possession and/or ownership

-unlawful to accept, if you know it's stolen

-receiver deemed to know property is stolen by marks of ownership (brand/serial #)

-receivers of stolen good who have job to resell are called "fences"

-too many variations of crimes, so they are all under one statute called theft or stealing

*MO adheres to this

-appropriating property or services with the purpose to deprive them thereof w/o consent by deceit or coercion

- evidence is admissible on issues of:

*failure or refusal to pay, giving check then refusing payment, receiving services/property with intent not to pay, intent to cheat or defraud