Homicide -
Define Homicide and elements
Elements1. the killing
2. of a human being, or a fetus
3. by a human or agency
4. when death occurs within 3 years and 1 day circumstantial evidence, and no body need to produced in order for a conviction to be obtained.
Killing
There need not be an intend to kill. the death however must be from a human act.
Government Code
Allows officers to search deceased accident victims to see if there is a card on their person that indicates organ donations
Terms defined
Willful- means a purpose or willingness to commit the act or omit it. It does not mean the person intended to violate any law or injure another.
Deliberate: means that the thought was formed or arrived at as a result of careful thought. It is also considered premeditation.
Premeditation: to think about and resolve in one's mind before doing. The length of time is not as important as the intent.
Mitigating Circumstances
If a prosecutor proves the elements of homicide, excluding manslaughter and lawful homicide. the defendants has the burden of proof of mitigating circumstances.
Breakdown of Homicide in California
Unlawful Homicide Felony
1. Murder
a First degree- Special circumstances.
15 condition that make murder first degree murder. fourteen of them are statutory and one conditional which is debatable in court.
1. Willful deliberation and premeditation
2. Explosives or a destructive device (armor penetrating ammunition or a weapon of mass destruction
3. torture
4. Poison
5 Lying in wait
Felony murder rule- When death is a result of the following
1. Mayhem
2. drive-by shooting
3. carjacking
4. train wrecking
5. torture
6. some sex offenses
7. burglary
8. arson
9. robbery
10. kidnapping
(Fleeing the scene is also part o the crime) So if injury occurs after fleeing by striking someone, it is also part of the crime.
b Second degree
2. Manslaughter
a voluntary- Intent to kill, but is is brought on by sufficient provacation "heat of passion"
b involuntary- 1. the commission of a misdemeanor, 2. the commission of a lawful act that might produce death in an unlawful manner.3 Failure to perform a lawful duty.
c vehicular- There is not intent to kill. It involves a vehicle or vessel. The act can involve gross negligence, if so the penalty is usually greater. It involves 1. commission of a misdemeanor with gross negligence, 2. commission of a misdemeanor with no gross negligence, 3. commission of a lawful act with might produce death in a unlawful manner with gross negligence. 4. commission of an act which might produce gross negligence.5. DUI.,
Gross Negligence: A complete lack of diligence or complete indifference to safety.
Lawful homicide
1. Excusable - No intent to kill, no law is violated, there is no lack of due caution Accident, or misfortune.
2. Justifiable
a. peace officer
b. in General
Death Penalty
Phase 1- Innocence or guilt is determined by the trier of fact
Phase 2-
Special circumstances are determined by
1. Killing for financial gain or contract
2. defendant has prior murder conviction
3. defendant guilty of multiple murders
4. murder committed by explosives
5. committed while avoiding arrest or escaping from authorities
6. committed by explosives that were delivered by mail
7. victim was a peach officer on duty or a former peace officer and the killing was intentional because retaliation of past duties.
8. Victim was a federal peach officer on or off duty- retaliation
9. victim was a firefighter on duty
10. victim was a witness killed to prevent testifying in court
11. Victim was a prosecutor
12. victim was a judge.
13. victim was a government official killed in retaliation
14. killing was heinous or cruel
15. killed by lying in wait
16. killed because of race, color or religion
17. Committed during commission of the following circumstances.
Robbery
kidnapping
rape
sodomy
child molesting
oral copulation
burglary
arson
train wrecking
mayhem
rape by instrument
carjacking
Felony murder rule and chart explaining the Homicide Tree in PDF below.
Ma- Mayhem
D- Drive by shooting
Ca- Carjacking
T - Train Wrecking
S- Selected sex offenses
B- Burglary
A- Arson
R- Robbery
K- Kidnapping
P-Premeditated
E- Explosives
T- Torture
Po- Poising
Ly- Lying in wait
2. of a human being, or a fetus
3. by a human or agency
4. when death occurs within 3 years and 1 day circumstantial evidence, and no body need to produced in order for a conviction to be obtained.
Killing
There need not be an intend to kill. the death however must be from a human act.
Government Code
Allows officers to search deceased accident victims to see if there is a card on their person that indicates organ donations
Terms defined
Willful- means a purpose or willingness to commit the act or omit it. It does not mean the person intended to violate any law or injure another.
Deliberate: means that the thought was formed or arrived at as a result of careful thought. It is also considered premeditation.
Premeditation: to think about and resolve in one's mind before doing. The length of time is not as important as the intent.
Mitigating Circumstances
If a prosecutor proves the elements of homicide, excluding manslaughter and lawful homicide. the defendants has the burden of proof of mitigating circumstances.
Breakdown of Homicide in California
Unlawful Homicide Felony
1. Murder
a First degree- Special circumstances.
15 condition that make murder first degree murder. fourteen of them are statutory and one conditional which is debatable in court.
1. Willful deliberation and premeditation
2. Explosives or a destructive device (armor penetrating ammunition or a weapon of mass destruction
3. torture
4. Poison
5 Lying in wait
Felony murder rule- When death is a result of the following
1. Mayhem
2. drive-by shooting
3. carjacking
4. train wrecking
5. torture
6. some sex offenses
7. burglary
8. arson
9. robbery
10. kidnapping
(Fleeing the scene is also part o the crime) So if injury occurs after fleeing by striking someone, it is also part of the crime.
b Second degree
2. Manslaughter
a voluntary- Intent to kill, but is is brought on by sufficient provacation "heat of passion"
b involuntary- 1. the commission of a misdemeanor, 2. the commission of a lawful act that might produce death in an unlawful manner.3 Failure to perform a lawful duty.
c vehicular- There is not intent to kill. It involves a vehicle or vessel. The act can involve gross negligence, if so the penalty is usually greater. It involves 1. commission of a misdemeanor with gross negligence, 2. commission of a misdemeanor with no gross negligence, 3. commission of a lawful act with might produce death in a unlawful manner with gross negligence. 4. commission of an act which might produce gross negligence.5. DUI.,
Gross Negligence: A complete lack of diligence or complete indifference to safety.
Lawful homicide
1. Excusable - No intent to kill, no law is violated, there is no lack of due caution Accident, or misfortune.
2. Justifiable
a. peace officer
b. in General
Death Penalty
Phase 1- Innocence or guilt is determined by the trier of fact
Phase 2-
Special circumstances are determined by
1. Killing for financial gain or contract
2. defendant has prior murder conviction
3. defendant guilty of multiple murders
4. murder committed by explosives
5. committed while avoiding arrest or escaping from authorities
6. committed by explosives that were delivered by mail
7. victim was a peach officer on duty or a former peace officer and the killing was intentional because retaliation of past duties.
8. Victim was a federal peach officer on or off duty- retaliation
9. victim was a firefighter on duty
10. victim was a witness killed to prevent testifying in court
11. Victim was a prosecutor
12. victim was a judge.
13. victim was a government official killed in retaliation
14. killing was heinous or cruel
15. killed by lying in wait
16. killed because of race, color or religion
17. Committed during commission of the following circumstances.
Robbery
kidnapping
rape
sodomy
child molesting
oral copulation
burglary
arson
train wrecking
mayhem
rape by instrument
carjacking
Felony murder rule and chart explaining the Homicide Tree in PDF below.
Ma- Mayhem
D- Drive by shooting
Ca- Carjacking
T - Train Wrecking
S- Selected sex offenses
B- Burglary
A- Arson
R- Robbery
K- Kidnapping
P-Premeditated
E- Explosives
T- Torture
Po- Poising
Ly- Lying in wait
| homicide_tree.pdf |
Blank form Assignment - For extra credit - It should assist you with understanding the homicide definitions.
| aj002murderwvideo.docx |