Criminal Law: Criminal Homicide Introduction [LEAP Preview]

Summary

This lesson offers a comprehensive introduction to criminal homicide under common law, outlining the steps of legal analysis. It begins by explaining that homicide, defined as one human killing another, is not always criminal—such as in cases of lawful execution or medical procedures. The analysis focuses on determining if the defendant’s actions were the actual and proximate cause of the victim's death. The lesson also covers the mental state of 'malice aforethought,' which is necessary for a charge of murder, distinguishing it from manslaughter. Key concepts such as causation, the 'year and a day rule,' and the different mental states that constitute murder are discussed.

Takeaways

• 😀 Homicide is defined at common law as the killing of one human being by another human being, but not all homicides are criminal.
• 😀 Criminal homicide refers to the unlawful killing of another human being, distinguishing it from lawful actions like state executions or doctors' decisions to withdraw life support.
• 😀 The first step in criminal homicide analysis is determining whether the defendant's act or omission was the actual and proximate cause of the victim's death.
• 😀 If the defendant is not the actual and proximate cause of the victim's death, they cannot be held liable for criminal homicide.
• 😀 A key issue in causation is when unforeseeable events, like a meteorite striking a victim, may break the causal chain, potentially making the defendant not liable.
• 😀 The common law's 'year and a day rule' restricts liability for homicide if the victim does not die within a year and a day of the defendant's act.
• 😀 If the defendant is the cause of death, the next question is whether the killing was committed with malice aforethought, which would qualify it as common-law murder.
• 😀 Malice aforethought includes four mental states: intent to kill, intent to inflict grievous bodily injury, reckless indifference to human life, and intent to commit a felony (felony murder).
• 😀 The term 'malice aforethought' is a legal term of art, and it does not necessarily imply premeditation but indicates a mental state of recklessness or intent.
• 😀 The analysis of criminal homicide at common law distinguishes between murder (which carries a higher penalty) and manslaughter, with the severity depending on whether malice aforethought is present.

Q & A

What is the primary focus of this lesson on criminal homicide?

The lesson focuses on providing a big picture overview of how the analysis of criminal homicide works at common law. It outlines the steps involved in determining liability for criminal homicide, with future lessons diving into more specific details.

What is the key distinction between homicide and criminal homicide?

Homicide is defined as the killing of one human being by another, but not all homicides are criminal. Criminal homicide refers to an unlawful killing, as opposed to lawful actions like state executions or medical procedures with consent.

What is the first step in the analysis of criminal homicide?

The first step is to determine whether the defendant's voluntary act or omission was the actual and proximate cause of the victim's death. This involves establishing a causal link between the defendant’s actions and the victim’s death.

What are the differences between actual cause and proximate cause in criminal homicide analysis?

Actual cause refers to whether the defendant’s act directly led to the victim's death, while proximate cause involves determining whether the death was a foreseeable result of the defendant's actions. Unforeseeable intervening events can break the causal chain, like a meteorite falling after an injury.

What is the 'year and a day' rule in the context of criminal homicide?

Under common law, a defendant could not be held liable for criminal homicide unless the victim died within one year and one day of the act that inflicted the fatal injury. If the victim dies after this period, the defendant cannot be liable for criminal homicide.

When can the defendant be held liable for criminal homicide if the victim’s death occurred after the year and a day rule period?

If the victim dies after the year and a day period, the defendant may still be liable for other crimes, but not for criminal homicide. The analysis would stop at step one in such cases.

What happens if a defendant is not the actual and proximate cause of the victim’s death?

If the defendant is not the actual or proximate cause of the victim's death, the analysis ends there, and the defendant cannot be held liable for criminal homicide.

What is the next question to ask once we establish the defendant caused the victim’s death?

Once it’s established that the defendant caused the victim’s death, the next question is whether the killing was done with malice aforethought. This mental state determination helps distinguish between murder and manslaughter.

What does 'malice aforethought' mean in the context of common law criminal homicide?

Malice aforethought is a legal term, not necessarily related to premeditation. It refers to a mental state in which the defendant intended to kill, intended to inflict grievous bodily injury, acted with reckless indifference to human life, or intended to commit a felony (felony murder).

How does malice aforethought differentiate murder from manslaughter?

Malice aforethought is the mental state required for murder under common law. If the killing was committed with malice aforethought, the defendant can be convicted of murder. Without malice, the offense may be reduced to manslaughter, unless mitigating factors are present.