Criminal Homicide: Actus Reus & Mens Rea

• Criminal Homicide's actus reus is defined as the unlawful killing of a human being or causing a person's death, encompassing acts like shooting, stabbing, or poisoning.

Defining "Human Being"

• Common Law "born alive" rule dictates that a human being must be born and alive to be considered in criminal homicide (followed by 12 states).
• Viable fetus rule considers a fetus viable if it can live separately from the mother (15 states).
• The Model Penal Code (MPC) aligns with the common law, defining a human being as a person born and alive.

Defining Death

• Brain death is widely accepted as a legal definition of death.
• The Uniform Determination of Death Act (UDDA) incorporates circulatory, respiratory, and brain death tests as alternative approaches.

Mens Rea for Criminal Homicide

• Murder involves an unlawful killing with malice aforethought.
• Manslaughter is an unlawful killing without malice.

Common Law: Killing with Malice Aforethought

• At common law, malice aforethought was the criminal intent element for murder, typically defined as an intent to kill with ill-will or hatred, undertaken with a design to kill.
• Malice is evident when the defendant intends to kill or cause serious bodily injury to the victim.

Degrees of Murder

• There are three recognized degrees: first-degree, second-degree, and manslaughter.

First-Degree Murder

• Requires premeditation and deliberation, or occurs during dangerous felonies.
• Statutes may include killings of police officers, or murders committed through lying in wait, torture, or poison.
• Felony murder is also included.

Second-Degree Murder

• Killing with malice, but without premeditation.
• Includes deaths resulting from intent to cause serious bodily harm, and reckless, depraved-heart murders.

Intentional versus Unintentional Murder Charges

• The mens rea for first-degree murder requires deliberation and premeditation, alongside malice.
• Intent to kill without deliberation and premeditation constitutes second-degree murder.

Earmarks of Premeditation and Deliberation

• Include planning, motive, and manner of killing (e.g., lying in wait, acquiring a weapon).

Felony Murder

• A death, accidental or intentional, during the commission of or fleeing from a felony is classified as murder.
• Prosecution doesn't need to prove intent to kill if the death occurred during the commission of a felony

Liability Under the Felony Murder Rule

• Felony murder can apply even if a non-felon causes the death.
• Some jurisdictions apply felony murder liability if the death resulted from the felony, regardless of who caused it.
• Other jurisdictions (agency rule) only apply the felony murder rule if the death was caused by the felon or their agent.

Limitations of the Felony Murder Rule

• Limits exist regarding the types of felonies that trigger the rule, exceptions for felonies not independent from the homicide, and limits on the causal relationship between the felony and the death.

Enumeration

• Statute lists the felonies that qualify for felony murder (e.g., rape, robbery, burglary, arson, kidnapping).

Inherently Dangerous Felony Rule

• A felony is inherently dangerous if it cannot be committed without creating a substantial risk of death.

Limiting Felonies Murder to Independent Felonies (Merger)

• The felony must be independent from the murder, possessing an independent felonious purpose.

Temporary Safety Rule

• Once felons reach a place of temporary safety, the felony is considered complete and subsequent deaths are not felony murder.

Second Degree Murder

• The intentional unlawful killing of a human being by another person that is not premeditated or planned in advance

Depraved Heart Murder

• Killing committed with extreme recklessness, without intent to kill, but with awareness that actions create a substantial risk of death or serious injury.
• Manifests "abandoned and malignant heart" or "depraved indifference to human life."
• It involves such extreme carelessness that the killer is considered as blameworthy as someone who intended to kill

Depraved Heart Requires

• Conduct: The defendant's act must create a very high degree of risk of serious bodily injury.
• Intent: Defendants must be aware of the danger created by their conduct.
• Danger: The common law appeared to require that a number of individuals were placed in danger; the modern view is that it is sufficient that a single individual is at risk.

Examples of Depraved Heart Murder

• A defendant plays a game of Russian roulette and kills the victim.
• A defendant shoots into a passing train, unintentionally killing a passenger.
• Two street gangs engage in a lengthy shoot-out on a street in downtown Baltimore, killing an innocent 15-year-old.
• The defendant pours gasoline through the mail slot of the victim's house and sets the gasoline on fire, killing two children

Criminal Homicide - Manslaughter

• There are two types of manslaughter charges: voluntary and involuntary.
• Voluntary manslaughter results from heat of passion/provocation.
• Involuntary manslaughter results from gross negligence or ordinary recklessness.

Voluntary Manslaughter

• Killing that would be murder, but committed in response to high provocation.
• Heat of passion includes anger, fear, jealousy, and panic.
• Mitigates murder to manslaughter if a response to "adequate provocation."

Requirements for Voluntary Manslaughter

• Provocation that would cause a reasonable person to lose control (objective).
• The provocation must have actually provoked the defendant (subjective).
• Time between provocation and killing not long enough for a reasonable person to calm down (objective).
• Defendant must not have calmed down between provocation and killing (subjective).

Provocation Doctrine for Manslaughter

• Based on the reaction of a "reasonable person" who is balanced, sober, and fair-minded, without mental or physical imperfections.

Adequate Provocation (Voluntary Manslaughter)

• Conduct that excites intense passion, causing a reasonable person to lose control and kill, and that actually provokes the individual to kill.

Mere Words Rule

• "Mere words" typically cannot adequately provoke.
• Some exceptions for informational words that trigger passion.

Slow Burn Rule

• Assumes taunts reignite passion smoldering since the causative event.

Involuntary Manslaughter

• Homicide without intent to kill, but with criminal recklessness or negligence.
• Death results during a misdemeanor or felony not covered by felony murder rule.

Involuntary Manslaughter

• It is an accidental killing resulting from criminal negligence.
• It is an accidental killing caused during a crime or felony not triggering the felony murder rule.

Depraved Heart v. Involuntary Manslaughter

• Depraved heart murder involves gross indifference to human life, implying malice aforethought.
• Involuntary manslaughter involves criminal negligence that does not meet the same standard of intent.

Battery

• Intentional force resulting in bodily injury or offensive contact, regarded as offensive by a reasonable person, without consent

Elements of Battery

• A harmful or offensive application of force against another person.
• The action is committed intentionally or with at least criminal negligence.
• The action is unlawful (nonconsensual).

Battery Actus Reus - Application of FORCE

• The criminal act in most jurisdictions is an unlawful touching, often described as physical contact

Not all physical contact is battery

• Statutes frequently require that the battery either result in an injury or that the touching is likely to be regarded as offensive.

Assault

• Threat or attempt to injure.
• There are two types: attempted battery assault and intent to frighten.

Types of Assault

• Attempted Battery Assault: Attempt to commit a battery.
• Intent to Frighten Assault: Placing someone in fear of a battery.

Attempted Battery Assault

• Intent: In most states, requires an intent (purpose) to commit a battery.
• Act: Requires significant steps toward committing the battery.
• Present Ability: Some states require the present ability to commit the battery.
• Victim: The victim need not be aware of the attempted battery.

Actus Reus for attempted Battery Assault:

• An attempt to make physical contact with the victim that falls short

Intent to Frighten/Fear of a Battery

• Intent is to cause the victim to fear physical contact, not to cause physical contact.
• Requires causation and harm offense elements.

Elements of Intent/Fear of Battery

• Intent to cause fear of immediate bodily harm.
• The act would cause a reasonable person to fear immediate bodily harm.
• Victim must be aware of the assailant's act and reasonably fear immediate bodily harm.
• A threat may be conditioned on the victim meeting the demands of the assailant.

Example of Assault?

• Pointing a loaded gun and pulling the trigger which malfunctions can be a case of assault.
• It establishes intent to commit harm, even if the harm didn't occur.

Words with physical gesture (assault)

• Generally, words alone are not assault.
• Words combined with threatening physical gestures can be assault.

Victim awareness (assault)

• The victim must be aware of the threat for an assault charge to apply

Robbery

• Forcible stealing of property from the person, in the victim's presence.
• Accomplished by force, violence, or threat thereof.

Robbery - Actus Reus

• Actus Reus The property must be taken by violence or intimidation.
• The threat of immediate harm must place the victim in fear, meaning in apprehension or in anticipation of injury

Robbery - From person or vicinity

• Property taken must be from the person or presence of the victim.
• Property on the person includes what is in hands, pockets, attached to body, or clothing.

Types of Attempts

• A complete but imperfect attempt is when every required act is taken but fails
• An incomplete attempt is when an individual abandons or prevented from completing the crime
• A impossible attempt arises when the perpetrator makes a mistake.

Elements of Attempt

• An intent or purpose to commit a crime (mens rea).
• An act or acts toward the commission of the crime (actus reus).
• Failure to complete the crime.

Mens Rea - A criminal attempt Involves a dual intent

• An individual must intentionally perform acts that are proximate to the completion of a crime.
• An individual must possess the specific intent or purpose to achieve a criminal objective.

Actus Reus for Attempt & Related Tests

• Proximity Test: Actions must be physically close to completing the crime.
• Unequivocality Test (Res Ipsa Loquitur): Actions alone clearly demonstrate criminal intent.
• Probable Desistance Test: Crime likely if uninterrupted.
• MPC Substantial Step Test: Significant steps strongly confirm intent.
• The tests are for evaluating someone's conduct in completing the intended offense.

Actus Reus for Attempt

• The physical act/conduct element of a crime.
• A defendant must progress beyond planning toward committing the crime.
• Criminal thoughts or intentions are not enough.
• It is hard to determine how close to completing the intended crime someone must get to meet the threshold for attempt.

Physical Proximity Test (Attempt)

• The actor can complete the crime almost immediately due to time, place, and ability (objective approach/proximity test).
• An arsonist would be required to spread the kerosene on the building and to strike a match

Unequivocality test (Attempt)

• Conduct "unambiguously manifests" criminal intent (subjective approach).
• An arrest of an arsonist as soon as the individual approaches the crime scene with the kerosene and matches.

Probable Desistance Test (Attempt)

• Examines how far the defendant has progressed toward committing the crime.
• A defendant commits attempt when he or she has crossed a line beyond which it is probable he or she will not desist unless there is an interruption from some outside source, law enforcement, or circumstances beyond his or her control

MPC Substantial Step test (attempt)

• Affirmative acts toward completing a crime that, combined with other evidence, indicate criminal intent.
• It Includes scoping out the scene where the crime is to be committed.
• It requires the defendant to take substantial steps toward the crime and actions must strongly to show a criminal purpose.

Renunciation/Withdrawal (defense to attempt)

• Defense if attempt is voluntarily abandoned and steps taken to prevent the crime.
• Complete/voluntary renunciation is necessary, not just fear of getting caught.

Factual and Legal Impossibility (attempt)

• Factual Impossibility: The crime was impossible due to the external circumstances. Generally not a defense.

• Legal Impossibility: The act believed to be a crime isn't illegal. This can be a defense in some cases.

Solicitation

• Advising, requesting, counseling, commanding, hiring, encouraging, or inciting another to commit a crime with the purpose that they commit the crime.

Mens Rea Solicitation

• Requires specific intent/purpose that another individual commit a crime

Actus Reus solicitation

• Requires an effort to get another person to commit a crime.
• Involves terms like command, encourage, and request.

What if the crime is completed? (solicitation merger doctrine)

• Solicitation merges with the completed crime.
• If the solicited crime is attempted or completed, the defendant is charged with attempt or the completed offense, not solicitation.

Renunciation of Solicitation

• Affirmative defense if renunciation is voluntary, complete, and thwarts the crime.

Conspiracy

• An agreement between two or more persons to commit a criminal act, coupled with an overt act in furtherance of the crime.

Elements of Conspiracy:

• An agreement, expressed or implied.
• To commit a crime or unlawful act
• With an Overt Act

Mens Rea (Conspiracy)

• The defendant must intend to agree and intend for the crime to occur.
• Knowledge alone is not enough; there must be intent to participate in the crime

Actus Reus and Overt Act (Conspiracy)

• Actus Reus: The agreement itself is the act of conspiracy
• Overt Act: A conspirator must take a step toward the crime, even if small (e.g., purchasing supplies, making plans).

Structure and Scope of Conspiratorial Liability (chain)

• A chain conspiracy typically arises in the distribution of narcotics and other contraband.
• It involves communication and cooperation by individuals linked together in a chain to achieve a criminal objective.
• A series of linked participants (e.g., drug distribution from suppliers to dealers to buyers).

Structure and Scope of Conspiratorial Liability (Wheel)

• A circle or wheel conspiracy involves a single person or group that serves as a hub, or common core, connecting various independent individuals or spokes.
• The spokes typically interact with the hub rather than with one another.
• In the event that the spokes share a common purpose to succeed, there is a single conspiracy.
• One central figure ("hub") with multiple independent participants ("spokes")

Pinkerton Liability

• Many jurisdictions hold conspirators responsible for crimes committed by other conspirators if the crime was committed in furtherance of the conspiracy.
• The crime was a foreseeable consequence of the unlawful agreement.

Multiple Conspiracies

• Sometimes a case involves separate conspiracies rather than one large scheme.

Duration of Conspiracy

• Conspiracies end when the goal of the conspiracy is successfully achieved.
• The secret intervention of the police, does not terminate it.

End of Conspiracy

• A conspiracy ends when:
  • The goal is achieved.
  • Members abandon it.
  • Law enforcement intervenes.
  • Withdrawal alone does not end liability unless renunciation occurs.

Renunciation (Conspiracy)

• A conspirator must voluntarily renounce and actively prevent the crime to be a defense.
• Mere withdrawal does not absolve liability for past conspiracy acts.

Merger Doctrine (Conspiracy)

• Conspiracy does NOT merge with the completed crime.
• A defendant can be convicted of both conspiracy and the completed offense.

Hate Crimes

• Criminal offense motivated by bias against the victim's race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.

Shepherd and Byrd Hate Crime Prevention Law

• Expanded the definition of hate crimes.
• Enhanced legal tools for prosecutors.
• Increased federal law enforcement support.
• Removed jurisdictional obstacles, added protections against crimes based on gender, disability, gender identity, or sexual orientation
• Allows federal intervention when state/local law enforcement cannot or will not prosecute.

Conduct occurring "Because of" Hate Crimes

• Motivated by bias against a protected characteristic.
• Bias must be a substantial factor, not just a "but-for" cause.

Knowledge Requirement for Drug Crimes

• A defendant must know they possess the drug.
• In drug crimes, willful ignorance does not absolve liability.

Federal Drug Crimes

• 21 USC § 841(a)(1) outlines the distribution/manufacturing/possession with intent to distribute.
• It shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance.

Federal Conspiracy

• 21 USC § 846 outlines conspiracy/attempt.
• Federal drug conspiracy requires:
  • Agreement to violate drug laws.
  • Intent to commit the offense.

Overt Act (Drug Crimes)

• Overt act in furtherance of the conspiracy (not always required in federal drug cases).

Len Bias Law

• Named after Len Bias, a college athlete who overdosed on cocaine.
• Drug dealers can be held criminally responsible if the drugs they supplied led to a death.

Test for Causation (Drug Crimes)

• The drug must be a but-for cause of death (the person would not have died but for the drug use).

Sentencing - Applicability of Sentencing Guidelines

• Federal Sentencing Guidelines recommend sentencing ranges.
• Judges must consider them but are not required to follow them.
• Factors include:
  • Offense level
  • Criminal history
  • Sentencing Table (weapon use, victim harm)

3553 Sentencing Factors

• The court must impose a sentence sufficient, not greater than necessary.
• Key Factors Considered:
  • Nature & Circumstances of the offense, History & Characteristics of the defendant.
  • Key Purposes of Sentencing is to reflect the seriousness of the offense and providing restitution to victims.
  • Provide education, vocational training, medical care, or other correctional treatment.

PLEA BARGAINING - Knowing and Voluntary Requirement

• The defendant's guilty plea must be:

  • Knowing: The defendant understands the nature of the charges and consequences.

  • Voluntary: The plea is made without coercion, threats, or false promises.

• Judges must confirm on the record that the plea meets these requirements.