1 / 57

Intellectual Exercise for Introduction to Law

INTENTIONAL HOMICIDE IN NEW YORK. Intellectual Exercise for Introduction to Law. 2012. What are we doing?. Legal Analysis. The application of facts to law Get the law Break it into elements Apply the facts to the elements. Intentional Homicide in NY. NOTE :

limei
Download Presentation

Intellectual Exercise for Introduction to Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. INTENTIONAL HOMICIDE IN NEW YORK Intellectual Exercise for Introduction to Law 2012

  2. What are we doing? Legal Analysis The application of facts to law Get the law Break it into elements Apply the facts to the elements

  3. Intentional Homicide in NY NOTE: There are other types of homicides in New York that are not addressed in this presentation because it is not a part of the exercise • Murder in the Second Degree • Murder in the First Degree • Murder of a Police Officer • Murder using torture • Murder of a Judge • Manslaughter in the First Degree • Extreme Emotional Disturbance

  4. Murder in the Second Degree The Base Crime

  5. Murder in the Second Degree THE BASE CRIME • In order for you to consider Murder in the First Degree or Manslaughter in the First Degree, you must FIRST consider Murder in the Second Degree • WHY? All the elements of Murder in the Second Degree are also contained in the other offenses. • BUT the other offenses have ADDITIONAL elements.

  6. Intentional Homicide in NY

  7. Intentional Homicide in NY METHOD • Read the Statute • Break into Elements • Apply facts to elements

  8. Murder in the Second Degree (Penal Law § 125.25 [1]) A person is guilty of murder in the second degree when with intent to cause the death of another person, he causes the death of such person or of a third person

  9. Murder in the Second Degree (Penal Law § 125.25 [1]) • A person is guilty of murder in the second degree when: • with intent to cause the death of another person, • he causes the death of such person or of a third person

  10. “or of a third person” TRANSFERRED INTENT “or of a third person” = transferred intent If a person intends to do something to one person (i.e., the intended victim) but unintentionally does something to another (i.e., the victim), that person is still guilty of that crime as if s/he intended to do that to that victim

  11. Intentional Violent Crime (E.g., murder and assault) ELEMENTS (SET UP) Most intentional violent crimes follow the following form: HARM. CAUSATION. INTENT.

  12. Intentional Violent Crime (E.g., murder and assault) ELEMENTS (SET UP) Most intentional violent crimes follow the following form: • HARM. A specific harm • Death • Serious Physical Injury • Physical Injury

  13. Intentional Violent Crime (E.g., murder and assault) ELEMENTS (SET UP) Most intentional violent crimes follow the following form: • CAUSATION. Causing a specific harm to a specific person • Making it happen. Examples: • Firing the gun • Asking someone to fire the gun

  14. Intentional Violent Crime (E.g., murder and assault) ELEMENTS (SET UP) • INTENT. Intending to do a specific harm to that person (or another) • Not to do harm, but a statutorily required harm. Example: • Death • Serious Physical Injury

  15. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) A person is guilty of murder in the second degree when with intent to cause the death of another person, he causes the death of such person or of a third person. HARM CAUSATION INTENT LOOK FOR:

  16. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) HARM. A specific harm CAUSATION. Causing a specific harm to a specific person INTENT. Intending to do a specific harm to that person (or another)

  17. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) HARM. What is the specific harm for murder? Death of another

  18. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) CAUSATION. Causing a specific harm to a specific person • CAUSATION. Causing death to a specific person

  19. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) INTENT. Intending to do a specific harm to that person (or another) • INTENT. Intending to cause the death of that person (or another)

  20. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS (SET UP) HARM. Death CAUSATION. Causes the death to a specific person INTENT. Intended to cause death of that person (or another)

  21. Murder in the Second Degree (Penal Law § 125.25 [1]) ELEMENTS • Defendant causes the death of a person (or of a third person) [Harm and causation] • S/He intended to cause the death of another person [Intent]

  22. FORMULAS

  23. FORMULAS Murder in the Second Degree Causation Intent + Murder in the First Degree Aggravating Factors Causation Intent + + Defendant is 18+ YO Manslaughter in the First Degree Extreme Emotional Disturbance Causation Intent + +

  24. RULE • IF THE ELEMENTS TO MURDER IN THE SECOND DEGREE ARE NOT THERE, THEN THERE CAN BE • NO MURDER IN THE FIRST DEGREE, • NO MANSLAUGHTER IN THE FIRST DEGREE

  25. Murder in the First Degree Murder in the First Degree Aggravating Factors + + Causation Intent Defendant is 18+ YO

  26. Murder of a Member of a Specific Group: police officer judge Circumstances of the Killing or Criminal Transaction: Torture Some Aggravating Factors

  27. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE INTENDED VICTIM WAS A POLICE OFFICER A person is guilty of murder in the first degree when With intent to cause the death of another person, he causes the death of such person or of a third person; and (a) (i) the intended victim was a police officer … who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was a police officer

  28. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE INTENDED VICTIM WAS A POLICE OFFICER Defendant caused death of another Defendant intended to cause death of another The intended victim was a police officer At the time of killing, police officer was engaged in the course of performing official duties Defendant knew or reasonably should have known that intended victim was a police officer

  29. Murder in the First Degree (Penal Law § 125.27 [1]) WHEREDEFENDANT TORTURED VICTIM A person is guilty of murder in the first degree when With intent to cause the death of another person, he causes the death of such person or of a third person; and (a)(x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death.…

  30. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE DEFENDANT TORTURED VICTIM … As used in this subparagraph, “torture” means the intentional and depraved infliction of extreme physical pain; “depraved” means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain

  31. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE DEFENDANT TORTURED VICTIM Defendant caused the death of another Defendant intended to cause the death of another Prior to the victim’s death, the defendant engaged in a course of conduct and inflicted torture upon the victim In doing so, the defendant acted in an especially cruel and wanton manner

  32. Murder in the First Degree (Penal Law § 125.27 [1]) WHEREDEFENDANT TORTURED VICTIM A person is guilty of murder in the first degree when With intent to cause the death of another person, he causes the death of such person or of a third person; and (a)(xii) the intended victim was a judge as defined in and the defendant killed such victim because such victim was, at the time of the killing, a judge

  33. Murder in the First Degree (Penal Law § 125.27 [1]) WHERE VICTIM WAS A JUDGE Defendant caused the death of another Defendant intended to cause the death of another The intended victim was a judge The defendant killed the judge because such victim was, at the time of the killing, a judge

  34. MURDER IN THE FIRST DEGREE Murder in the First Degree Aggravating Factors + + Causation Intent Defendant is 18+ YO

  35. Murder in the First Degree (Penal Law § 125.27 [1]) PLUS + ... The defendant was, at the time of the killing, over 18 years old

  36. Manslaughter in the First Degree (Penal Law § 125.20 [1]) EXTREME EMOTIONAL DISTRESS A person is guilty of manslaughter in the first degree when With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance

  37. Manslaughter in the First Degree Manslaughter in the First Degree Extreme Emotional Disturbance + + Causation Intent

  38. Manslaughter in the First Degree (Penal Law § 125.20 [1]) ELEMENTS Defendant caused the death of another Defendant intended to cause the death of another The defendant had an extreme emotional disturbance. The defendant acted under the influence of that extreme emotional disturbance. The explanation or excuse for such extreme emotional disturbance that was reasonable. The reasonableness of that explanation or excuse must be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.

  39. Exercise • Working in a group, you will apply the law to the fact patterns in the book and make a presentation to the class. • Make sure you follow the steps!

  40. Preparation • Should the defendant be charged with • Murder in the 1st degree? • Murder in the 2nd degree? and/or • Manslaughter in the first degree? • Are all the elements met?

  41. Preparation Steps • Fact Pattern • Analyze Murder in the 2nd Degree • Analyze • Murder 1st Degreeand/or • Manslaughter 1st Degree

  42. Read the Fact Pattern • Look to see if there was a death • Look to see who is who • Who is the victim (judge or police officer)? • Who was the intended victim? • Who is the actor and age? • Who is an accomplice and age? • Look to see how the person died

  43. Murder in the Second? [BASE] • Did someone die? • Did the defendant cause that death? • Did the defendant intend to cause that death?

  44. Murder 1st / Manslaughter 1st? • Was the victim a judge? • Was the intended victim a police officer? • Was the victim tortured? • Was the defendant over 18 years old? • Was the defendant acting under EED?

  45. DOES IT ALSO MEET THE ELEMENTS FOR MURDER IN THE FIRST DEGREE?POLICE OFFICER

  46. MURDER IN THE FIRST DEGREE? POLICE OFFICER • Was the intended victim a police officer? • Was the officer at the time engaged in official duties? • Did the defendant know or reasonably should have known that the intended victim was an officer?

  47. WAS THE OFFICER AT THE TIME ENGAGED IN OFFICIAL DUTIES? • Was the officer on duty? OR • What was the officer doing?

  48. Did the defendant know or reasonably should have known that the intended victim was an officer? • In uniform? • Shield out? • Stated s/he was a police officer? • Past experience with this police officer

  49. EXAMPLE Charlie is running an illegal gambling establishment. Debbie, a police officer, is assigned to investigate. She enters the establishment and announces that she is a police officer and that everyone is under arrest. Charlie sees Debbie and yells that no cop is going to shut him down. He pulls his gun, fires and shoots her dead.

  50. ANALYSIS DOES IT MEET THE ELEMENTS FOR MURDER IN THE SECOND DEGREE? • Did someone die? YES (Debbie died) • Did the defendant cause that death? YES (Charlie shot her) • Did the defendant intend to cause that death? YES Therefore, the elements are satisfied

More Related