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Flashcards in Homicide Deck (19):
1

Definition for depraved heart in NY

Common law: a complete indifference to human life; behavior that shocks the conscious of the court

NY: "depraved indifference to human life. Worse than recklessness." (I think this is the same as in NY)

2

What is the difference between EED as expressed in Sec 125.25.(1) and 125.20?

"Charge" Vs affirmative defense

3

The NYPL rule for EED

1) D must have acted under extreme emotional disturbance (subjective); and
2) There must have been reasonable explanation or excuse for the disturbance (semi objective)
- Reasonableness is determined from the viewpoint of a person in D's situation under the circumstances as D believed them to be (statute); however, this stops at the point where the conjecture invokes characteristics that are peculiar to the defendant (precedent)

4

What types of homicide have the defense of EED in NY?

Murder in the second degree subsection 1 (125.25(1))

5

Name the intentional killings mentioned?

- Second degree Murder subsection 1 (125.25(1))
- First degree manslaughter subsection 2 (125.20(2))

6

Name the unintentional killings mentioned?

- Second degree murder subsection 2 (125.25(2))
- First degree manslaughter subsection subsection 1 (125.25(1))

7

Murder under NYPL

1) Intent
2) depraved heart + reckless
3) Felony murder

8

Second degree manslaughter 1

125.15
1) recklessly causes the death of another person

9

First degree manslaughter 1 & 2

125.20
1)
- intent to cause serious physical injury
- causes death of person or third person
2)
- intent to cause death
- causes death
- is under EED
- need not be proven by the prosecution (since its a mitigating circumstance without which the defendant would be accused of murder)

10

Second degree murder 1 & 2

125.25
1)
- Intent to kill
- causes death of person or third person
- EED is an affirmative defense reducing to manslaughter 1
- Aiding suicide is an affirmative defense reducing to manslaughter 1
2)
- depraved indifference to human life
- recklessness
- causes grave risk of death
- which causes death

11

Criminally negligent homicide

125.10
- causing death with criminal negligence
Criminal negligence:
- fail to perceive substantial and unjustifiable risk
- gross deviation from the standard of care that a reasonable person would observe

12

Summary of homicide statutes

- 2nd degree murder 1 (125.25.1) - Intent to kill without EED
- 2nd degree murder 2 (125.25.2) - depraved and reckless killing
- 1st degree manslaughter 1 (125.20.1) - serious physical injury
- 1st degree manslaughter 2 (125.20.2) - intentional killing with EED
- 2nd degree manslaughter 1 (125.15.1) - reckless killing

13

Affirmative defense Vs regular defense

- An affirmative defense must be proven by the defense by a preponderance of the evidence. A regular defense leaves the burden on the prosecution to prove beyond a reasonable doubt.
- The D has the burden to raise regular and affirmative defenses

14

Serious bodily injury in common law

- bodily injury
- substantial risk of death
- protracted and obvious disfigurement; or
protracted loss or impairment of a bodily or mental function

15

Factors to consider when determining premeditation / deliberation:

- Lack of provocation by deceased;
- Conduct and statements by the defendant;
- Threats and declarations by the defendant;
- Ill-will between the parties;
- Lethal blows after the deceased has been rendered helpless;
- Brutal manner;
- Nature and number of wounds

16

Malice aforethought

Go over Shane notes that I missed on this

17

Elements of felony murder in NY

- Acting alone or with others
- [S]he commits OR attempts to commit
- BARRKES and
- In course of and in furtherance of OR in immeidate flight - therefrom
- [S]he OR another participant
- CAUSES the death of a non-participant…(except…)

18

NY Felony Murder test for end of "imitate flight"

When the offender reach a "place of safety"

19

Felony murder BARRKES

- Burglary
- Arson
- Robbery
- Rape
- Kidnapping
- Escape
- Sexual Abuse