Summary
Summary UBE - Criminal Law
- Module
- New York Bar Exam
- Institution
- New York Bar Exam
Homicide Offences against person Offences against property Inchoate offences Accomplice Elements of crime Defences Justification Jurisdiction
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CRIMINAL LAW1) Homicide (MPC)
In common law, murder (second degree murder) requires malice aforethought either expressly or
impliedly. Express malice requires that the murderer had the intent to unlawfully kill the victim at
the time of the murder. This requires that he had the purpose to kill or knowledge that death will be
substantially certain. Implied malice requires that the murderer had an intent to commit grievous
bodily harm (no intent to kill), an intent to use a deadly weapon, an intent to commit a felony
murder, or reckless disregard towards the obvious risk to others demonstrating a wanton
indifference to human life, known as having a ‘depraved heart’. A notable example includes
drinking under the influence of alcohol. However, a murderer can argue to reduce his sentence
down for committing murder to voluntary manslaughter. This is determined in three ways. One way
is by demonstrating that the murderer had no intent to kill because he was adequately provoked by
the victim, i.e. he was suddenly aroused by the victim’s act that caused him to lose control. The
murderer had no time to cool off and a reasonable person would not have had time to cool off, thus
the murderer committed the murder in the ‘heat of the passion’. For example, the defendant saw his
lover engaged in some intimate act with another person, whether or not it involved sexual
intercourse. However, words alone demonstrating that there was sexual intercourse will not suffice
as adequate provocation. Another way is by demonstrating that he had an unreasonable yet honest
belief that the killing was necessary, under the ‘imperfect self doctrine’ theory. The last way is by
demonstrating that the murderer was voluntarily intoxicated. Furthermore, the defendant can reduce
further to involuntary manslaughter where the defendant committed a misdemeanour or felony
where death was a foreseeable and natural consequence of his act, or the defendant acted
negligently when committing the killing in which he had reason to know that death would likely
occur. For example, a father declined to seek medical aid from the state for his child because he did
not want to accept what he considered as charity, and the child later died due to malnutrition
(unlikely an obvious risk in terms of reckless behaviour). Another example may concern a man
under the state of hypnosis striking a person he disliked the most, rather than a completely random
person.
As seen in common law, in statutory law, a defendant will be charged with second degree murder at
the first instance. This constitutes the same definition as that of common law murder, as well as
murder under voluntary intoxication. It does not constitute adequate provocation nor deliberate and
premeditated intent to kill, known as the ‘catch-all exception’. However, if the prosecution can
prove so, the defendant’s charge may be raised to first degree murder which is more severe. Here,
the prosecution must demonstrate that the defendant had a premeditated intent to kill where he had
a significant period of time to reflect on killing the victim, and his intent was deliberate in that he
made such a decision in a cool and dispassionate manner.
A defendant may be charged with felony murder where he committed murder during the
commission of/attempt of/flight from a dangerous felony or committed in a dangerous manner
(substantial risk of death/serious bodily harm), and the murder was unintentional yet foreseeable.
This includes intimidating a person whose existing condition was aggravated and caused him to die.
However, this excludes manslaughter. They must be distinctly separate from one another. Felonies
include burglary, arson, rape, robbery, kidnapping and felonious escape. If the defendant killed a
victim while committing a felony but was able to escape and reach a temporary safety location
before the victim died, he will not be liable for that murder nor subsequent murders after
commission of the felony. But if the victim died before he reached that location, the defendant will
be liable for felony murder. A felony murderer can also be liable for the deaths of other victims
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