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Flashcards in Homicide Deck (19):

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)


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

"Charge" Vs affirmative defense


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)


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

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


Name the intentional killings mentioned?

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


Name the unintentional killings mentioned?

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


Murder under NYPL

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


Second degree manslaughter 1

1) recklessly causes the death of another person


First degree manslaughter 1 & 2

- intent to cause serious physical injury
- causes death of person or third person
- 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)


Second degree murder 1 & 2

- 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
- depraved indifference to human life
- recklessness
- causes grave risk of death
- which causes death


Criminally negligent homicide

- 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


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


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


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


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


Malice aforethought

Go over Shane notes that I missed on this


Elements of felony murder in NY

- Acting alone or with others
- [S]he commits OR attempts to commit
- 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…)


NY Felony Murder test for end of "imitate flight"

When the offender reach a "place of safety"


Felony murder BARRKES

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