Homicide is the killing of another person.
At common law, murder is defined as the unlawful killing of another with malice aforethought.
There are four types of common law murder:
- Intent to kill murder
- Willful and premeditated
- Only type to require intentional malice
- Grievous bodily harm murder
- If you only intended to cause grievous bodily harm but actually killed him, then that's still murder.
- Depraved heart murder
- Like extreme recklessness
- The act must be done in spite of a substantial and unjustifiable risk to human life.
- Else it is just gross negligence and therefore involuntary manslaughter
- The act must be done with a callous disregard for human life such that alice aforethought is implied.
- Else it is just involuntary manslaughter
The felony murder rule does have three notable limiting requirements:
To trigger the felony murder rule, a felony must be independent from the death caused.
This is often assessed by asking if the felony would merge into a murder charge because it is a lesser-included charge. If so, it is not independent.
As an example, an assault that results in a death is not independent. A defendant cannot be convicted of both assault and murder for the same act. In contrast, rape never merges into murder, so the independent felony rule would never apply in such cases.
In Furtherance of a Felony
The killing cannot be too remote from the felony. It must be performed "in furtherance of" the felony.
Evasion of law enforcement after a crime is usually considered part of the crime's commission.
Model Penal Code
Extreme recklessness basically includes grievous bodily harm murder and depraved heart murder. It is when a person kills another by consciously disregarding a substantial and unjustifiable risk to human life when the risk of death is great.
The Model Penal Code does not exactly follow the felony murder rule but does not eliminate the concept. It creates a rebuttable presumption that killings which occur during the commission of listed dangerous felonies show extreme recklessness.
- i.e. Killing another without malice aforethought.
There are four elements to common law manslaughter:
- The defendant must not have had a reasonable opportunity to cool off.
- There must be a causal link between the provocation, passion, and homicide.
Model Penal Code
MPC § 210.3(1)
- Criminal homicide constitutes manslaughter when:
- it is committed recklessly; or
- a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.
MPC § 210.3(1)(b)
[Criminal homicide constitutes manslaughter when] a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.
- A specific provocative act is not required.
- Even if there is a provocation, it need not involve "an injury, affront, or other provocative act perpetrated upon [the defendant] by the decedent."
- Even if the decedent provoked the incident, it need not fall within any fixed category of provocations.
- Words alone can warrant a manslaughter instruction.
- There is no rigid cooling-off rule. The suddenness requirement of the common law—that the homicide must follow almost immediately after the provocation—is absent form the EMED defense.
Involuntary manslaughter is a common law offense of killing either through recklessness, but without an extreme indifference to human life, or through gross negligence.
It requires either recklessness by consciously disregarding a substantial and unjustifiable risk to human life or gross negligence in failing to be aware of a substantial and unjustifiable risk to human life and committing an act exhibiting a callous disregard for human life.
One commits involuntary manslaughter when he kills another through a gross deviation from the standard of care that reasonable people would exercise in the situation.
It is more than tortuous negligence; it must be "so gross" as to be deserving of criminal punishment.
When one kills another through an act that exhibits extreme indifference to human life, the difference between reckless murder and involuntary manslaughter is that reckless murder requires that the defendant consciously disregard the risk, while involuntary manslaughter only requires that he be grossly negligent by be being unaware of a substantial and unjustifiable risk to human life.
If one is aware of a substantial and unjustifiable risk to human life and disregards it anyway (recklessness), but his act does not exhibit extreme indifference to human life, he is guilty of involuntary manslaughter.
This is also manslaughter under the Model Penal Code.