Crimes against persons 2016

Criminal law ( Special part ) DR. Ayman Ramadan Elzeiny

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Chapter Three

Crimes against persons

1- Homicide :-

1-1 : Synopsis of the History of Homicide: Homicide is the killing of one human being by another.

Homicide is not always criminal. For example, a lawful

execution pursuant to the death penalty is homicide, but it is

not criminal homicide.

Justifiable homicides were not criminal because they did not

include the concept of guilt. Excusable homicides were not

criminal because they included minimal guilt.

Felonious homicides were criminal and were considered the

most heinous offenses known to man.

Initially at penal law, every felonious or criminal homicide

was punished by death.

Gradually, as the law evolved, unlawful killings were divided

into murder and manslaughter based on the defendant’s

criminal intent.

Murder had the criminal intent element of malice

aforethought and remained a capital offense.

Manslaughter is an unlawful killing without malice and

punished by incarceration.

At penal law, a human being could not be the victim of

criminal homicide unless it was born alive. (1)

_______________________

(1) Abu ‘Amir, Muhammad Zaki. Op. Cit . , pp: 67-99 .

- Akida, M. op. cit. , pp: 124-155.

- Bernard-Maugiron, op. cit. , pp: 34: 67 .

- Boyle, Kevin, and Adel Omar Sherif, . Op. cit., 233- 154 .

- Brown, Nathan. Op. cit . , pp:23-76 .

- Cotran, Eugene, and Adel Omar Sherif, Op. cit . , pp:311-317 .

- Shawaribi, Abd al-Hamid , op. Cit, pp 84-93.

- Sherif, Adel Omar, op. Cit, pp 114-123.


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1-2 : Murder crimes :- Murder had the criminal intent element of malice

aforethought and remained a capital offense.

At penal law, a human being could not be the victim of

criminal homicide unless it was born alive.

The Egyptian Penal Code takes this approach and defines

human being as “a person who has been born and is alive” .

The modern trend in many legislations is to include the fetus

as a victim in a criminal homicide or feticide statute, excepting

abortion.

The definition of fetus is either set forth in the criminal

homicide or feticide statute or created by case law.

Other legislations determine that a fetus is formed when the

child has “quickened,” or is able to move within the womb ,

about four to five months after conception .

A few legislations do not consider the fetus a victim of

criminal homicide or feticide until it is viable and can survive

outside the womb.

Homicide offenses are treated in Egyptian penal code in nine

articles that lead off the Penal Code’s book 3, “Felonies and

Misdemeanors Occurring to Individuals”

Terms analogous to murder or manslaughter are not used in

the Code; homicides are instead distinguished and graded

according to the offender’s mens-rea.

1-3 : Murder elements :- Murder is a crime that has the elements of criminal act,

criminal intent, causation, and harm.

Murder elements are : A- Criminal act : conduct that causes the victim’s death.

B- Criminal intent: The will for killing .

C- Causation:Between criminal act & criminal result(victim's

death).


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1-3-A : Murder Act :- Most legislations define the criminal act element of murder as

conduct that causes the victim’s death.

The criminal act could be carried out with a weapon,

a vehicle, poison, or the defendant’s bare hands.

Like all criminal acts, the conduct must be undertaken

voluntarily and cannot be the result of a failure to act unless

a duty to act is created by common law or statute.

1-3-B : Murder Intent :- It is the criminal intent element that basically separates

murder from manslaughter.

At most penal laws , the criminal intent element of murder is

malice aforethought .

In modern times, many legislations retain the malice

aforethought criminal intent.

Murder intent can be defined as:

"purposely, knowingly, or recklessly under circumstances

manifesting extreme indifference to the value of human life" .

The general intent or knowingly and will to committing the

criminal and using the means which results victim killing , with

the specific intent or purposely to kill the victim .

- The Meaning of Malice :- Malice, as used in the term malice aforethought, is not the

intent to vex or annoy. Nor is it hatred of the victim.

Malice exists when the defendant desires the victim’s death or

is indifferent to whether the victim lives or dies.

Malice is apparent in three criminal homicide situations:

- The defendant intends to kill the victim,

- The defendant intends to cause serious bodily injury to the

victim, or

- The defendant has a depraved heart and does not care if the

victim lives or dies.


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The specific intent to kill the victim corresponds with the

Penal code’s purposely murder mental state and is often

referred to as express malice , depending on the attendant

circumstances.

- Example of Intent to Kill :-

Ahmed decides he wants to kill someone to see what it feels

like. Ahmed drives slowly up to a crosswalk, accelerates, and

then runs down an elderly lady who is crossing the street.

Ahmed is acting with the intent to kill, which would be

express malice or purposely.

- The Meaning of Aforethought :- The term aforethought at common law meant that the

defendant planned or premeditated the killing.

However, this term has lost its significance in modern times

and does not modify the malice element in any way.

Premeditation is a factor that can elevate murder to first-

degree murder, as is discussed shortly.

- Inference of Intent :- The deadly weapon or deadly means which used in

committing the Murder crimes , creates an inference of

murder intent .

This basically alleviates the burden of having to prove

criminal intent for murder.

A deadly weapon is any instrumentality that can kill when

used in a manner calculated to cause death or serious bodily

injury .

Deadly weapon can be defined as “any firearm, or other

weapon, device, instrument, material or substance, whether

animate or inanimate, which in the manner it is used or

is intended to be used is known to be capable of producing

death or serious bodily injury” .


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Some examples of deadly weapons are knives, guns, broken

bottles, or even bare hands if there is a discrepancy in the size

of the attacker and the victim.

Aside from creating an inference of intent for murder, use of

a deadly weapon may also enhance a sentence for certain

crimes.

1-3-C : Murder Causation : There is always a causation analysis for murder.

The defendant must be the factual and legal cause of a very

specific harm, the victim’s death. Causation issues in murder

are numerous.

In addition, co-felon liability could extend criminal

responsibility to defendants that did not actually kill the victim.

1-3-D : - Harm Element of Murder:- As stated previously, the harm element of murder is

a victim’s death.

With the advent of life-sustaining machines, jurisdictions

have had to develop a definition for the term dead.

A victim is legally dead when there is irreversible cessation of

the entire brain, including the brain stem.


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1-4 : Murder punishment:- Death is the penalty for a killing committed willfully (amdan)

and with premeditation (sabq al-israr) or by “ambush”

(tarassud) (Art. 230).

Premeditation is defined as the intent, reached before the act

(al-qasd al-musammim ‘alaihi qabla al-fi‘l), to commit

a misdemeanor or felony the purpose of which is to harm

a particular person or any person one finds or comes across

(wajadahu au sadafahu), even if that intent is related to the

occurrence of some event or dependent on a condition (Art.

231).

Ambush is defined as lying in wait for a person (tarabbus) in

one place or several places for a period of time, whether long

or short, to kill that person or to harm the person by striking or

a similar method (Art. 232).

An intentional killing via some substance (jawhar) - that is,

a drug - is considered poisoning (qatil bi al-samm) and is also a

capital crime, whether or not death occurs immediately and

regardless of how the substance is administered (Art. 233).

An intentional killing without premeditation or ambush

brings life or aggravated imprisonment unless it occurs in the

course of committing another felony, that is, constitutes felony

murder, in which case it brings the death penalty; and if it

occurs during acts accompanied by a degree of intent that

would constitute a misdemeanor, including assisting the

perpetrators of a misdemeanor in committing the crime or

escaping, either death or life imprisonment is the sentence

(Art. 234). Death is also the sentence for any intentional

killing committed with a “terrorist purpose” (tanfidhan li

gharad irhabi) (ibid).(1) _______________________

(1) Bernard-Maugiron, Nathalie, and Baudouin Dupret, eds. Egypt and Its Laws.

London: Kluwer Law International, 2002 , pp: 34: 67 .

- Boyle, Kevin, and Adel Omar Sherif, eds. Human Rights and Democracy: The

Role of the Supreme Constitutional Court of Egypt. London: Kluwer Law

International, 1996, pp: 233- 154 .


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Accomplices in a murder that carries a mandatory death

penalty can receive the same sentence or life imprisonment

(Art. 235).

The Court of Cassation has held that intoxication, whether

voluntary or involuntary, can negate the required specific

intent for conviction of willful murder.

Unintentional killings that result from intentionally inflicting

physical injury or providing a victim harmful materials

(mawadd darrah) bring three to seven years of simple

imprisonment or aggravated imprisonment, that is, in

a “general” jail or a “specialized” one , or enhanced

punishment as follows: if the wrongful act is committed with

premeditation or by ambush (still without the intent to kill), the

death brings a standard term of simple or aggravated

imprisonment, that is, three to fifteen years; the same penalty

applies if the wrongful act is committed with a “terrorist

purpose”; and if the act that results in unintended death is

committed with premeditation or by ambush and with

a terrorist purpose, the penalty is aggravated or life

imprisonment.

An accidental killing caused by one’s mistake, negligence,

imprudence or carelessness, or failure to observe the law

-that is, negligent homicide, or “misdemeanor manslaughter”-

brings detention for at least six months and/or a fine of up to

£E 200.

The penalty increases to one to five years of detention and/or

a fine of £E 100 to £E 500 if the death results from

a “gross breach” (ikhlal jasim) of the norms of one’s position,

profession, or occupation, or if, when the conduct that causes

the death takes place , the actor is intoxicated by liquor or

drugs or refrains from assisting the victim or requesting

assistance despite being able to do so.


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The penalty is detention for one to seven years if the conduct

results in the death of more than three people; and if the act

that causes death is accompanied by one of the aggravating

factors just listed, the penalty is detention for one to ten years.

1-5 : Justification and Excuse :- Generally , murder cannot be justified or excused. Justifiable

and excusable homicides are noncriminal, and thus

justification or excuse can operate as an affirmative defense in

many jurisdictions.

justifiable homicide is a homicide that is warranted under the

circumstances.

One example of a justifiable homicide is when a law

enforcement officer shoots and kills a fleeing felon to prevent

imminent great bodily injury or death.

This killing is intentional and purposeful with malice

aforethought, but it is noncriminal. The justification negates

the criminality and the law enforcement officer will not be

convicted of murder.

An excusable homicide is a homicide that society forgives or

pardons. One example of an excusable homicide is a homicide

committed by a defendant who is found legally insane.

This killing could also be intentional and purposeful with

malice aforethought, but it is noncriminal.

The excuse negates the criminality and the defendant will not

be convicted of murder.(1)

_______________________


- Akida, M. op. cit. , pp: 124-155.







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1-6 : Provocation :- The Penal Code recognizes only one form of provocation as

adequate to mitigate the penalty for unjustifiable homicide:

a husband who surprises his wife in the act of adultery and

kills her and/or her partner “in the instant” faces detention -

the misdemeanor punishment of three years or less in a general

jail - instead of either life or aggravated imprisonment (for

unpremeditated intentional homicides, Art. 234) or aggravated

or basic imprisonment (for unintentional homicides that result

from intentional physical injury, Art. 236) , according to

article 237. " Whoever surprises his wife in the act of adultery

and kills her on the spot together with her adulterer-partner

shall be punished with detention instead of the penalties

prescribed in Articles 234 and 236 ".

Court decisions and commentary have identified various

aspects of this defense, including extensions of it and

limitations on it.

The first requirement is this familiar duo: the provocation

must be sudden - the infidelity must truly be

a surprise - and the killing(s) must take place in the heat of it.

Second, following the text of the Code provision, the

mitigation is available only to men that is, to husbands, but not

to wives who kill their husbands (and/or their husbands’

adulterous partners) in similar circumstances.

Third, the mitigation is not independently available to anyone

but the husband himself; a relative or family member of either

the husband or the adulterous wife who independently kills the

wife or her partner in these circumstances is not entitled to the

mitigation.

But, fourth, any accomplice of the husband in a qualifying

killing is entitled to the mitigation.


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Finally,a husband need not have witnessed actual intercourse

to receive the mitigation; finding his wife with a man in

sufficiently suspicious circumstances can constitute adequate

provocation for the mitigation.

1-7 : Premeditated (first degree ) Murder : Premeditated murder was originally and historically the

predominant form of murder in any first-degree murder statute.

A common statutory definition of first degree premeditated

murder is a willful, deliberate, premeditated killing .

1-7-A : Definition of Willful, Deliberate, and Premeditated :

Most legislations define willful as a specific intent to kill,

purposely, or express malice. legislations differ when

interpreting deliberate and premeditated.

A minority of legislations equate express malice or purposely

with deliberation and premeditation, which means that the

prosecution need only prove specific intent to kill for a first-

degree premeditated murder conviction.

However, this interpretation could blur the distinction between

first and second degree murder.

The majority of legislations have defined deliberate as calm

and methodical, without passion or anger.

generally means the defendant reflected on the act or planned

ahead.

In other words, if the defendant specifically intends to kill the

victim and rationally, purposefully, takes steps that culminate

in the victim’s death, the defendant has committed first

degree premeditated murder in many jurisdictions.

Often it is the act itself that proves the killing was willful,

deliberate, and premeditated.

If the killing is carried out in a manner that indicates a strong

and calculated desire to bring about the victim’s death, it can

often consider premeditated murder .


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Most legislations agree that an extended period of time is not

a requirement of premeditation.

Thus a murder can be premeditated and first degree even if it is

conceived only moments before the actual killing.

Some legislations do not require any appreciable time lapse

between the formation of intent and the criminal act.

- Example of a Willful, Deliberate, Premeditated Murder:-

Imagine that Hala and her husband Hassan are in a terrible

fight in the kitchen. Hassan tells Hala that he is going to get

a divorce and will thereafter seek full custody of their two

young children. Hala states, “Wait here. I need to go to the

bathroom. I will be right back.”

She walks down the hall, but goes into the bedroom, rather

than the bathroom, and removes a handgun from the nightstand

drawer. She then walks to the bathroom and flushes the toilet.

Hiding the handgun in the pocket of her bathrobe, she walks

back into the kitchen, removes it, and shoots Hassan in the

abdomen, killing him.

In this scenario, Hala probably could be convicted of

premeditated murder. Hala shoots and kills Hassan in

a calm, methodical manner, evidencing deliberation.

Her manufactured excuse and flushing of the toilet indicate

planning. The act of shooting Hassan shows that Hala has a

specific intent to kill and a strong and calculated desire to

bring about Hassan’s death. Note that hassaning is not an

issue here.

Even a few minutes are enough to carry out a premeditated

murder if the proper facts are present. (1)

____________________


- Akida, M. op. cit. , pp: 124-155.






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- Example of a Spontaneous Killing :

Compare the previous example with this scenario. Sameh

(Karem’s supervisor) , calls Karem into his office and fires

him. Enraged, Karem grabs a heavy brass paperweight from

the top of Sameh’s desk and strikes him in the forehead, killing

him instantly.

In this example, Karem acts in anger, not calm, cool,

reflection.

The act of grabbing a heavy brass paperweight appears

impulsive, not planned.

There is no evidence to indicate that Karem knew he would

be fired or knew that there was a brass paper-weight on

Sameh’s desk.

In addition, the single blow to the head does not necessarily

indicate that Karem had a strong and calculated desire to kill

Sameh.

Karem’s conduct may be supported by murder intent (most

likely implied malice, knowingly, or recklessly under

circumstances manifesting extreme indifference to the value of

human life), but there is no evidence of specific intent to kill,

deliberation, or premeditation.

Thus Sameh’s killing would probably not be first degree

premeditated murder in most legislations .

1-8 : Murder by a Specified Means :- Murder by a specified means is a specific method of killing

that is extremely heinous.

Most statutes list the specified means in their first-degree

murder statutes.

Some examples of commonly included specified means are

murder by drive-by shooting, destructive device like a bomb,

weapon of mass destruction, ammunition designed to puncture

a bulletproof vest, poison, torture, or lying in wait, which is an

ambush-style killing.


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Note that all the aforementioned methods of killing involve

premeditation to a certain extent and could also probably

qualify as first-degree premeditated murder .

According article 233 of Egyptian penal code , whoever,

kills a person premeditatedly with substances / drugs resulting

in death sooner or later, shall consider a killer with a poison ,

whatever the method of using such substances / drugs , and

shall be punished with execution .

Murder by poison has the same elements of Murder crimes:

criminal act, criminal intent, causation, and harm.

But the deference locate in , that the required criminal act

for murder by poison is committing killing act with

substances / drugs resulting in death sooner or later .

The general intent or knowingly and will to committing the

criminal and using the required means (substances / drugs)

(poison) which results victim killing , with the specific intent

or purposely to kill the victim is required .

1-9 : Degree Murder Grading :- In modern penal codes murder divided into first and second

degree.

First-degree murder is the highest classification of murder

and results in the most extreme punishment available in

a jurisdiction’s punishment scheme.

If the jurisdiction allows for the death penalty, first-degree

murder typically is the only crime against an individual that

qualifies the defendant for execution.

If the jurisdiction does not allow for the death penalty, first-

degree murder often qualifies the defendant for life in prison

or hanging .

- Capital Punishment : Criminal homicide is the only crime against an individual that

can merit the death a discussion of crimes against the

government (such as treason) that merit the death penalty .


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In states that allow capital punishment, first-degree murder

with one or more aggravating factor (s) is generally a capital

offense.

Examples of aggravating factors are killing more than one

person, killing for financial gain, killing with a particularly

heinous method .

In general, the judge must ensure that the aggravating factor(s)

are not outweighed by mitigating factor (s).

Examples of mitigating factors are the youth of the defendant,

the defendant’s lack of a criminal history, and if the defendant

was acting under extreme emotional or mental disturbance .

1-10 : Felony Murder: Felony murder is a criminal homicide that occurs during the

commission or attempted commission of a felony.

Most legislations include felony murder in their penal codes

However, it has not been universally adopted.

1-10-A : Felony Murder Intent : What distinguishes felony murder from murder is the absence

of the typical murder intent. The required criminal intent

element for felony murder is , the will of victim’s death.


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- Explanation of Felony Murder Intent :

When the defendant commits a felony that is inherently

dangerous to life, he or she does so knowing that some

innocent victim’ may die.

In essence, this awareness is similar to implied malice,

knowingly, or recklessly under circumstances.

What is difficult to justify is a conviction for felony murder

when the felony is not inherently dangerous to life.

Thus most legislations limit the felony murder doctrine to

felonies that create a foreseeable risk of violence or death.

States that include nonviolent felonies in their felony murder

statutes generally grade them as second or third-degree felony

murder.

- Example of Felony Murder Intent:-

Salah,who has just lost his job, decides to burn down his

apartment building because he can’t afford to pay the rent.

Salah carefully soaks his apartment with lighter fluid, exits

into the hallway, and throws a lit, lighter-fluid-soaked towel

into the apartment. He then runs outside to watch the entire

building burn down.

Several tenants die of smoke inhalation because of the fire.

In legislations that recognize felony murder, Salah can

probably be charged with and convicted of murder for every

one of these deaths.

In this example, Salah did not intend to kill the tenants.

However, he did most likely have the criminal intent necessary

for arson .

Therefore, felony murder convictions are appropriate.

Note that Salah exhibited extreme indifference to whether the

tenants in the building lived or died, which could also

constitute the criminal intent of implied malice or depraved

heart.


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1-11 : Liability of Co-Felons for Felony Murder : It is common for more than one defendant to cooperate in the

commission of a felony. Group participation in criminal

conduct could constitute more than one crime-for example,

conspiracy- and could also place criminal responsibility

squarely on a defendant who did not commit the criminal act.

The general rule for felony murder in many jurisdictions is

that if one defendant kills a victim during the commission or

attempted commission of a specified felony, all defendants

involved in the felony are guilty of felony murder.

- Example of Co-Felon Liability for Felony Murder:-

Ahmed and Jana dream up a plan to rob a local bank.

Ahmed is designated as the primary robber and is supposed to

enter the bank and hand a note to the teller demanding all the

money in her station.

jana’s role in the felony is to drive the getaway vehicle ,

Ahmed takes a handgun hidden beneath his jacket into the

bank.

He passes the note to the teller, and she frantically summons a

security guard.

As the security guard starts to approach, Ahmed pulls out the

gun.

An elderly lady standing to the left of Ahmed suffers a heart

attack and dies at the sight of the gun.

In this case, Ahmed and Jana can probably be convicted of

felony murder.

Note that Jana did nothing to directly cause the victim’s death

from a heart attack.

However, Jana did drive the getaway vehicle with the criminal

intent to commit robbery, so Jana is criminally responsible for

the consequences in many legislations .

According to Egyptian law Jana consider responsible for

murder crime also because she were on the scene of the

crime, and that the murder is an expected result of theft.


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1-11-A:Exception to Co-Felon Liability for Felony

Murder: Some legislations provide an exception to co-felon liability,

for felony murder if the defendant did not actually commit

the act that killed the victim and had neither knowledge nor

awareness that a death might occur.

- Example of the Exception to Co-Felon Liability for Felony

Murder :-

Review the example with Ahmed and Jana "Example of Co-

Felon Liability for Felony Murder".

Change this example so that Jana is a teller at the local bank.

Ahmed and Jana plan the “robbery”, so that Jana is to

pretend Ahmed is a customer, and hand Ahmed all the money

in her station after he enters the bank unarmed and passes her

a phony check made out to “cash.”

Without informing Jana , Ahmed brings a gun into the bank,

“just in case” , The security guard observes Jana handing

Ahmed large amounts of cash . Suspicious, he begins to

approach the station. Ahmed notices and frantically pulls out

the gun and points it at the security guard.

The elderly lady standing to the left of Ahmed suffers a heart

attack and dies at the sight of the gun.

In this example, Ahmed may have a valid defense to co-felon

liability for the elderly lady’s death in some jurisdictions.

Although Jana had the intent to commit theft, a trier of fact

could determine that Jana had neither the knowledge nor

awareness that a death might occur because , she believed that

she was cooperating in a nonviolent offense.

Thus it is possible that in certain jurisdictions only Ahmed is

subject to a conviction of felony murder in this case.


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1-11-B:Liability when someone other than the

defendant kills the victim :- Generally, if the felony is inherently dangerous to life, and the

defendant or defendants intentionally create a situation that is

likely to result in death, if death does result, each and every

defendant is guilty of felony murder.

In some Legislations , this criminal liability exists even

when someone other than a co-felon kills the victim .

Review the bank robbery committed by Ahmed and Jana ,

If the security guard takes a shot at Ahmed but misses and

kills the bank teller instead, both Ahmed and Jana are guilty

of the bank teller’s death pursuant to this interpretation of the

felony-murder doctrine.

Some jurisdictions relieve a defendant from criminal liability

for felony murder if the death is the death of a co-felon, rather

than a completely innocent victim .

If the security guard shoots and kills Ahmed in a jurisdiction

that recognizes this exception, Jana is not guilty of felony

murder.

Concurrence of the Felony and the Death of the Victim :-

Another important aspect that must be analyzed in any felony

murder case is the concurrence of the felony and the death of

the victim .

The felony and the death must be part and parcel of the same

continuous transaction.

Therefore, there must be a determination of:

(1)when the felony begins and

(2)when the felony ends.

If the death occurs before or after the commission or

attempted commission of the felony, the defendant might not

be guilty of felony murder.


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- Example of a Death That Occurs before the Felony

Begins:-

Hossam shoots and kills his drug dealer in a fit of temper

because the drugs he bought are placebo. After the killing,

it occurs to Hossam that the drug dealer might be carrying

significant amounts of cash. Hossam thereafter steals some

cash from the drug dealer’s pockets and runs off.

Hossam stole money from his drug dealer, but the theft

occurred after the murder.

Thus the killing did not happen during a robbery.

If premeditation is proven, this could still be first-degree

murder, but it is not first-degree felony murder.

1-11-C : Death That Occurs after the Felony Ends: More commonly, the issue is whether the killing occurs after

the felony ends. The general rule is that the felony ends when

the defendant has reached a place of temporary safety.

This place does not have to be the defendant’s residence;

it could simply be a hiding place.

Pursuant to this rule, a death that occurs during a car chase as

the defendants flee the scene of the crime is considered felony

murder.

1-11-D : Felony Murder Grading: Felony murder can be a felony and according to statutes

which graded crimes to degrees , It can be consider first,

second, or third degree according to circumstances of each

case .

Some common examples of felonies listed in first-degree

murder statutes are arson, rape, robbery, burglary, kidnapping,

and certain forcible sexual felonies. (1)

_______________________

(1)Bernard-Maugiron, op. cit. , pp: 34: 67 .



- Sherif, Adel Omar, op. Cit, pp 114-123.


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2 - Manslaughter offences :-

What distinguishes murder from manslaughter and wound

which reflected death , is the criminal intent element.

Manslaughter is an unlawful killing without malice or murder

intent.

2-1 :Voluntary Manslaughter:- Manslaughter has two basic classifications: voluntary and

involuntary.

Voluntary manslaughter has the same criminal intent element

as murder.

In fact, a voluntary manslaughter killing is typically supported

by express malice, specific intent to kill, or purposely.

However, in a voluntary manslaughter, an emotional state

called a heat of passion negates the murder intent.

An adequate provocation from the victim inspires the heat of

passion .


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Most of Penal Codes does not require adequate provocation

from the victim per se, but it does have a similar provision that

reduces murder to manslaughter when there is a reasonable

explanation or excuse .

The adequacy requirement is essential to any voluntary

manslaughter analysis.

Many defendants are provoked and thereafter kill with

murder intent.

Nonetheless, most provocations are not adequate to drop the

crime from murder to manslaughter.

The victim’s provocation must be serious enough to goad

a reasonable person into killing .

A reasonable person is a fictional and objective standard

created by the trier of fact.

Of course, the defendant must actually be provoked, which is

a subjective standard.

- Example of Inadequate Provocation :-

Revisit the Example of a Spontaneous Killing", in which

Karem kills his supervisor Sameh with a brass paperweight

after Sameh fires him . Clearly, Sameh’s conduct provokes

Karem into killing Sameh .

However, getting fired would not provoke a reasonable person

into a killing frenzy.

In fact, reasonable people are fired all the time and learn to

live with it peacefully.

Therefore, in this example, Karem’s crime is most likely

murder, not voluntary manslaughter.

- Example of Adequate Provocation :

A traditional example of provocation that is adequate to

reduce a crime from murder to manslaughter is an observation

by one spouse of another spouse in the act of adultery.

For example, Mostafa comes home from work early and

catches his wife in bed with his best friend.


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He becomes so enraged that he storms over to the dresser,

grabs his handgun, and shoots and kills her. Clearly, Mostafa

acts with intent to kill.

However, the victim provoked this intent with an act that could

cause a reasonable person to kill.

Thus, Mostafa has probably committed voluntary

manslaughter in this case, not murder.

- Other Examples of Adequate Provocation:-

Other examples of adequate provocation are when the

homicide victim batters the defendant and a killing that occurs

during a mutual combat.

Cases have generally held that words alone are not enough to

constitute adequate provocation.

Thus in the adequate provocation example "Example of

Adequate Provocation", if a friend told Mostafa that his wife

was committing adultery, and Mostafa responded by going

home and shooting and killing his wife, this would probably be


2-1-A:-Provocation according to Egyptian Penal Code : The Egyptian Penal Code recognizes only one form of

provocation as adequate to mitigate the penalty for

unjustifiable homicide: a husband who surprises his wife in the

act of adultery and kills her and/or her partner “in the

instant” faces detention - the misdemeanor punishment of

three years or less in a general jail - instead of either life or

aggravated imprisonment (for unpremeditated intentional

homicides, Art. 234) or aggravated or basic imprisonment

(for unintentional homicides that result from intentional

physical injury, Art. 236).

Court decisions and commentary have identified various

aspects of this defense, including extensions of it and

limitations on it.


- 69 -

The first requirement is this familiar duo: the provocation

must be sudden, the infidelity must truly be a surprise , and the

killing(s) must take place in the heat of it.

Second, following the text of the code provision, the mitigation

is available only to men—that is, to husbands, but not to wives

who kill their husbands (and/or their husbands’ adulterous

partners) in similar circumstances.

Third, the mitigation is not independently available to anyone

but the husband himself; a relative or family member of either

the husband or the adulterous wife who independently kills the

wife or her partner in these circumstances is not entitled to the

mitigation.

But, fourth, any accomplice of the husband in a qualifying

killing is entitled to the mitigation.

Finally, a husband need not have witnessed actual intercourse

to receive the mitigation; finding his wife with a man in

sufficiently suspicious circumstances can constitute adequate

provocation for the mitigation.

2-1-B:-Concurrence of the Killing and the Heat of

Passion : The second requirement of voluntary manslaughter is that the

killing occur during a heat of passion. Defendants generally

exhibit rage, shock, or fright when experiencing a heat of

passion.This emotional state negates the calm, deliberate,

intent to kill that supports a charge of murder.

However, heat of passion mental states are typically brief in

duration.

Thus there cannot be a significant time lapse between the

victim’s provocation and the killing.

Analyze the adequate provocation example "Example of

Adequate Provocation".

If Mostafa waits until the next day to shoot and kill his wife,

the crime is most likely premeditated felony(first-degree)



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2-2: Involuntary Manslaughter:- Involuntary manslaughter is an unlawful killing that

completely lacks murder intent.

Involuntary manslaughter is distinguishable from voluntary

manslaughter, which generally includes a murder intent that

has been negated.

Involuntary manslaughter generally can be classified as:

misdemeanor manslaughter, reckless or negligent involuntary

manslaughter, or vehicular manslaughter .

2-2-A: Misdemeanor Manslaughter : Misdemeanor manslaughter, also called unlawful act

manslaughter, is a criminal homicide that occurs during the

commission or attempted commission of a misdemeanor.

There is a trend to follow the Penal Code’s example and

abolish misdemeanor manslaughter.


- 71 -

Most states that prohibit misdemeanor manslaughter only

include misdemeanors that are inherently dangerous to life in

the criminal statute, excluding strict liability misdemeanors .

A minority of states include strict liability crimes in their

misdemeanor manslaughter statutes .

In either jurisdiction, the defendant need only possess the

criminal intent for the misdemeanor to be guilty of the killing.

-Example of Misdemeanor Manslaughter :-

Samy points an unloaded gun at Saly to scare her into breaking

up with Samy’s ex-boyfriend.

This crime is called brandishing a weapon and is often

classified as a misdemeanor.

At the sight of the gun, Saly suffers a heart attack and dies.

Samy has most likely committed misdemeanor manslaughter in

this case.

Brandishing a weapon is not always inherently dangerous to

life.

However, if Saly has a heart attack and dies because of

Samy’s commission of this misdemeanor offense, Samy still

could be criminally responsible for misdemeanor manslaughter

in many jurisdictions.

3- Reckless or Negligent Involuntary Manslaughter : Some Statues and legislations also criminalize reckless

or negligent involuntary manslaughter.

Reckless or negligent involuntary manslaughter is a more

common form of manslaughter than misdemeanor

manslaughter.

Reckless involuntary manslaughter is a killing supported by

the criminal intent element of recklessness.

Recklessness means that the defendant is aware of a risk of

death but acts anyway.

Negligent involuntary manslaughter is a killing supported by

the criminal intent element of negligence.


- 72 -

Negligence means that the defendant should be aware of

a risk of death, but is not.

This category includes many careless or accidental deaths,

such as death caused by firearms or explosives, and a parent’s

failure to provide medical treatment or necessities for his or her

child.

"Depraved Heart Murder", can be defined as reckless

or negligent involuntary manslaughter is often similar to

second-degree depraved heart murder.

If the prosecution charges the defendant with both crimes, the

court determines which crime is appropriate based on the

attendant circumstances.

3-1 : Reckless or Negligent Involuntary Manslaughter

Elements : Reckless or Negligent Involuntary Manslaughter have the

elements of criminal act, criminal intent, causation, and harm.

Manslaughter elements are :

A- Criminal act : Neglect or lack of precaution or frivolity or

not to follow the laws and regulations conduct , which

causes and reflected the victim’s death.

B- Criminal intent: The will for doing just conduct without

without malice or killing intent.

C- Causation : Between criminal act & criminal result

(victim's death).

The criminal act, causation, and harm elements of

manslaughter and murder are fundamentally the same.

Thus criminal intent is the only manslaughter offense element

that is discussed in this section.

3-1-A :Reckless or Negligent Involuntary Manslaughter

act : Any Neglect or lack of precaution or frivolity or not to follow

the laws and regulations conduct , which causes and le to the

victim’s death.


- 73 -

3-1-B :Reckless or Negligent Involuntary Manslaughter

intent: The will for doing just conduct without without malice or

killing intent.

Manslaughter intent can be defined as knowingly, of

committing neglect or lack of precaution or frivolity or not to

follow the laws and regulations conduct , which causes and

reflected victim’s death , without malice or murder intent.

Reckless or Negligent Involuntary Manslaughter Vehicular

manslaughter can take place by a motor vehicle with

recklessness or negligence resulting in death or the operation

of a motor vehicle under the influence of alcohol or drugs

resulting in death. Some states have specific vehicular

manslaughter statutes.

If the defendant uses a motor vehicle as a weapon to kill the

victim , the intent to kill is present and the appropriate crime

would be murder.

-Example of Reckless or Negligent Involuntary

Manslaughter :-

Galal , an off-duty sheriff’s deputy, brings his shotgun into the

local rifle shop to be repaired.

Galal thinks that the shotgun is unloaded and hands it to the

employee with the safety off.

Unfortunately, the gun is loaded and discharges, shooting

and killing the employee.

In this case, Galal should know that at certain times the safety

on his shot-gun must always be on because he is a registered

gun owner and a sheriff’s deputy who has been trained to

handle guns.

However, Galal is unaware of the risk and believes that the

gun is unloaded.


- 74 -

If the employee dies, Galal could be convicted of negligent

involuntary manslaughter in jurisdictions that recognize this

crime.

If Galal is in a jurisdiction that only recognizes reckless

involuntary manslaughter, the prosecution may have to prove

a higher degree of awareness, such as Galal’s knowledge that

the shotgun was loaded.

3-1-C: Manslaughter Grading :- Voluntary and involuntary manslaughter typically have

a more lenient punishment scheme than murder because the

criminal intent is less heinous.

Often manslaughter functions as an imperfect defense to

murder, based on the less serious sentencing options.

In general, voluntary manslaughter is graded higher than

involuntary manslaughter.

Some states divide manslaughter into degrees, rather than

classifying it as voluntary and involuntary, with first-degree

manslaughter punished more severely than second-degree

manslaughter.


- 75 -

2-1-C: Manslaughter Causation :- There is always a causation analysis for manslaughter.

The defendant must be the factual and legal cause of a very

specific harm - the victim’s death - . Causation issues in

manslaughter are numerous.


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3-1-D : - Harm Element of manslaughter:- As stated previously, the harm element of murder is

a victim’s death.

A victim is legally dead when there is irreversible cessation of

the entire brain, including the brain stem.

3-1-E : Manslaughter Penalty :- According to Article 238 of Egyptian penal code punishment

for manslaughter as following : - Detention for a period not less than six months and a fine

not exceeding two hundred pounds, or either penalty is the

penalty for manslaughter .

- Detention for a period not less than one year and not

exceeding five years, and a fine of not less than one hundred

pounds and not exceeding five hundred pounds or either

penalty, is the penalty for manslaughter , if the crime occurs

as a result of the felon's serious violation of the norms of his

position , profession , occupation, or is found intoxicated or

drugged when he commits the mistake resulting in the

incidence, or if at the time of the accident, the offender

refrains from assisting the one on whom the crime is

committed, or from asking assistance for him although he is

able to do that.

- The penalty for a period of not less than one year and not

exceeding seven years, is the penalty for manslaughter , if the

deed results in the death of more than three persons.

- If another condition of those prescribed in the previous clause

is fulfilled, the penalty shall be detention for a period of not less

than one year and not exceeding ten years. (1)

_______________________


- Akida, M. op. cit. , pp: 124-155.






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4-Beat and wound and giving harmful substances

offences :- All statutes don't provide only protection for human life - the

criminalization of murder - , but provide also protection for

the integrity of the body from the wound, beatings and give

harmful substances . Regardless of age or , gender, nationality.

Egyptian penal code determined wound , beatings and give

harmful substances crimes, directly after the murders in the

first section of the third book , in articles 236 & 240 to 244 of

Egyptian penal law .

4-1:Common provisions of beat and wound and giving

harmful substances offences:

Subscribe wound crimes, beatings and give harmful

substances(whether intentional or unintentional) in that it

requires the availability of two conditions:

- The subject of criminal act and,

- Actus - reus of the crime .

The right to the integrity of the human body is subject of

wound and give harmful substances crimes.

So ,It is inconceivable that theses types of crimes took place

on an animal or corpse.

The human right of body integrity has three aspects are:

- The right of physical integrity.

-The right of normal functioning of the functions of the body.

- The right of being free from physical pain.

4-2 : Beat and wound and giving harmful substances

offences elements :

Beat and wound and giving harmful substances

offences have the elements of criminal act:

A- Criminal act : conduct that causes the victim’s body

integrity harm .

B- Criminal intent: The knowing and the will for body

integrity harm .

C- Causation : Between criminal act , and criminal result .


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4-2-A: Criminal Act : The criminal behavior can be take place in one of the

following cases :

a - Beating: Beating can defined as any attack on the integrity of the body

through the pressure on the tissues of the body or clash which

does not reflect tearing.

Physical effects of the body like bruises or bruises or redness

of the skin, or pain of the victim's body , or illness or disability

is not requirement for beating crimes .

b - wound: Wound act can defined as any is harming the integrity of the

victim's body, which reflecting cut or tear the tissues or burns

of the body, like beating the victim with a knife .

c – giving harmful substances: It's suggests that compromising the integrity of the body is

committing by giving the victim of harmful substances cause

victim's health harm .

- The required result:

The required result for beat and wound and giving

harmful substances offences is victim's body harm .

This result has great importance in several respects.

On the one hand, it determines the offender's degree of

responsibility , As :

- The punishment for attack at the integrity of the body which

reflects permanent disability offences , more severe than those

prescribed for the body harm which reflects illness or inability

of personal works which not more than twenty days (articles

240 and 241 of Egyptian Penal Code ).

-And The punishment for beat or wound less severe the

punishment above , if it does not reach the magnitude of the

result to the extent mentioned (Article 242 ) .


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4-2-B: Beat and wound and giving harmful substances

Intent :- The availability of criminal intent for these required

offenses , knowingly that the committed act reflects harm on

victim's body and health and also require the will to achieve

this prejudice.

knowingly as an element of criminal intent component ,

requires that the offender know all the material facts of the

crime , specially the victim's body is the subject of crime ,

the offender act reflected harm at victim's body, criminal

result , and also require that offender's will be headed

towards the achievement of the physical activity of the crime .

4 -2-C:Beat and wound and giving harmful substances

Causation :

There is always a causation analysis for Beat and wound

and giving harmful substances. The defendant must be

the factual and legal cause of a very specific harm, the

victim’s harm .

So the availability of a causal relationship between criminal

behavior and the victim's body integrity harm is required for

offender accusation .

4-2-D:Harm Element Beat and wound and giving

harmful substances:-

As stated previously, the harm element of Beat and wound

and giving harmful substances is victim's body integrity

harm.


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4-2-E: Beat and wound and giving harmful substances

punishment:- Detention for a period of not less than six months and a fine

not exceeding two hundred pounds, or either penalty, is the

penalty for beat and wound and giving harmful

substances crimes .

- Detention for a period not less than one year and not

exceeding five years, and a fine of not less than one hundred

pounds and not exceeding five hundred pounds ,or either

penalty, will be the penalty if this crime occurs as a result of

the felon's serious violation of the norms of his position,

profession, occupation, or is found intoxicated or drugged

when he commits the mistake resulting in the incidence, or if

at the time of the accident, the offender refrains from

assisting the one on whom the crime is committed, or from

asking assistance for him although he is able to do that.

- The penalty shall be detention for a period of not less

than one year and not exceeding seven years, if the deed

results in the death of more than three persons.

- If another condition of those prescribed in the previous

clause is fulfilled, the penalty shall be detention for

a period of not less than one year and not exceeding ten

years.

5- Kidnapping and False Imprisonment(Arresting and

Jailing People without any Legitimate Claim and Kidnapping

Children, and females ):-

Kidnapping and false imprisonment are crimes that involve

physical restraint and intrude on the liberty interests of

victims.

In ancient times, kidnapping was used to remove members of

royalty from the kingdom for ransom or to implement the

overthrow of the existing monarchy.


- 81 -

5-1 : Children and Female Kidnapping :-

Children and Female Kidnapping Elements :-

Children and Female Kidnapping has the elements of

criminal act, criminal intent, causation, harm, and an attendant

circumstance.

5-1-1:Children and Female Kidnapping elements are :-

A- Criminal act: kidnapping or hiding children or kidnapping

female .

B - Criminal intent: The general intent or knowingly and

will for doing the act .

C - Causation : Between criminal act & criminal result.

5-1-1-A: Kidnapping Act:- The required criminal act element for kidnapping is twofold:

First, the defendant must confine the victim.

Second, in many statutes , the defendant must move the

victim, which is called asportation .

One common issue with the kidnapping criminal act is how

far the victim must be moved. In the majority of states,

the movement can be slight, as long as it is not incidental to

the commission of a separate offense.

Other statutes do not require asportation when the kidnapping

is for ransom.

Some statutes have done away with the asportation

requirement altogether.

The required criminal act element for children kidnapping

offences - according to Egyptian penal code- , as following:-

- Kidnapping or hiding a newborn child, or replaces him/her

by another, or ascribes him/her falsely to other than his/her

mother (Article 283 ).

-Kidnapping cunningly or coercively - personally, or through

others - a male child that has not reached sixteen complete

years of age (Article 288 ).


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- Kidnaping un-forcibly and un-cunningly a child has not

reached sixteen complete years of age,(Article 289).

- Kidnaping a female either personally or through others,

and either kidnaps cunningly or forcibly . (Article 290 ).

- Example of a Case Lacking Kidnapping Act :-

jassem breaks into Aber’s home and sees Aber sitting on the

couch. A picture window in front of the couch puts Aber in

full view of the street and sidewalk.

To avoid detection, jassem grabs Aber off the living room

couch and drags her into the bedroom to rape her.

jassem has probably not committed the required criminal act

element for kidnapping , if the kidnapping statute in jassem’s

state requires asportation .

jassem forcibly confined Aber when he grabbed her.

However, his movement of Aber from the couch to the

bedroom appears incidental to the crime of rape, which is not

sufficient to constitute kidnapping asportation in most

jurisdictions.

5-1-1-B :Kidnapping Intent:- The required criminal intent element for kidnapping in

many jurisdictions is general and specific intent or purposely

to commit the criminal act , in order to harm or injure the

victim or another, confine or hold the victim in secret, receive

a ransom, commit a separate offense, subject the victim to

involuntary servitude, or interfere with the purpose of the

government or some political function.

- Example of Kidnapping Intent:-

Review the example of jassem and Aber "Example of a Case

Lacking Kidnapping Act".

Change this example so that Joseph drags Aber to his car,

stuffs her into the trunk, and then drives fifteen miles to

a deserted field , where he thereafter removes her from the

trunk and rapes her.


- 83 -

jassem probably has the required criminal intent for

kidnapping in most jurisdictions. Jassem committed the

criminal act of forcible confinement and asportation with the

purpose of raping Aber , which is specific intent or purposely

to “commit a separate offense.”

Thus if the other elements of kidnapping are present,

Jassem can most likely be charged with and convicted of

kidnapping, along with the crime of rape.

5-1-1-C: Kidnapping Causation :- The defendant’s criminal act must be the factual and legal

cause of the harm.

5-1-1-D : Kidnapping Harm:- The required harm element for kidnapping in most

jurisdictions is confinement and asportation.

As stated previously, some jurisdictions have done away with

the asportation requirement or do not require asportation

when the kidnapping is for ransom.

5-1-2: Kidnapping Attendant Circumstance:- In many jurisdictions, the attendant circumstance element

required for kidnapping, is that the confinement or asportation

occur against the victim’s will or without the victim’s consent.

Thus consent could function as a failure of proof or

affirmative defense to kidnapping.

-Example of a case Lacking Kidnapping Attendant

Circumstance:-

Tamer sees Sawsan hitchhiking on the side of a busy freeway

at night. Tamer pulls over, rolls down the window, and asks

Sawsan if she wants a ride.

Sawsan says, “sure” and climbs into Tamer’s vehicle. Tamer

drives away with Sawsan in the front seat. Tamer has not

committed kidnapping in this case.


- 84 -

Although Tamer confined and moved Sawsan in his vehicle,

the facts do not indicate that he has the specific intent to harm

her, obtain a ransom, confine her in secret, or commit

a separate offense.

In addition, Sawsan consented to the confinement and

asportation.

Thus the attendant circumstance element for kidnapping is

also absent and Tamer’s conduct may be perfectly legal

(unless engaging in hitchhiking is illegal in Tamer’s state).

- Example of Kidnapping Attendant Circumstance :-

Review the example of Tamer and Sawsan Example of a Case

Lacking Kidnapping Attendant Circumstance" :

Change the example given so that after fifty miles of driving,

Sawsan asks Tamer to pull over and let her out. Tamer

refuses, threatens to harm Sawsan if she tries to escape, and

continues to drive another twenty miles with Sawsan in the

front seat.

If Tamer acted with the proper kidnapping intent, Tamer

might have committed kidnapping in this case.

Although Sawsan’s original entrance into Tamer’s vehicle

and her asportation for the first fifty miles was consensual,

once Sawsan requested that Tamer pull over and let her out,

the confinement or asportation was against Sawsan’s will

and without her consent.

So Tamer could be charged with or convicted of kidnapping .

5-1-3: -Kidnapping Grading:- Egyptian penal code grades kidnapping as a felony.

5-1-4:-Kidnapping punishment:- Penalty for Kidnapping

as following :-

-Detention is the penalty for kidnapping or hiding

a newborn child, or replaces him/her by another, or ascribes

him/her falsely to other than his/her mother .


- 85 -

- Detention for a period not exceeding one year , If it is not

proved the child was born alive.

But, if it is proved that the child was not born alive, the

penalty shall be detention for a period not exceeding two

months (Article 283 ).

- Temporary hard labor is the penalty for kidnapping

cunningly or coercively - personally, or through others -

a male child that has not reached sixteen complete years of

age (Article 288 ).

- Imprisonment for a period of three to ten years , is the

penalty for kidnaping un-forcibly and un-cunningly a child

has not reached sixteen complete years of age .

If the kidnapped child is a female, the punishment shall be

temporary hard labor (Article 289).

- Permanent hard labor , is the penalty for kidnaping

a female either personally or through others, and either

kidnaps cunningly or forcibly .

If the perpetration of this felony is accompanied with a felony of lying with the kidnapped female without her

consent, ( Rape ) the perpetrator shall be punished with a death

sentence.(Article 290 ).

5-2:False Imprisonment (Arresting and Jailing People

without any Legitimate Claim) :- In many jurisdictions, false imprisonment, also called

felonious restraint, is a lesser included offense of kidnapping.

This means that the crime of false imprisonment is missing

one or two of the kidnapping elements and is graded lower

than kidnapping.

Often, false imprisonment functions as a partial defense to

kidnapping because of the less serious sentencing options.

5-2-1:False Imprisonment Elements :-

False Imprisonment has the elements of criminal act, criminal

intent, causation, harm, and an attendant circumstance.


- 86 -

False Imprisonment elements are :- A-Criminal act: Arrests, or confines, or detains a person

without an order from one of the concerned judges/ruling

governors, and in other than the cases wherein the laws and

statutes authorize the arrest of suspects .

B-Criminal intent: The general intent or knowingly and will

for doing the act .

C- Causation : Between criminal act & criminal result.

5-2-1-A : False Imprisonment Act:- The required criminal act element for False Imprisonment is

arrests, or confines, or detains a person without an order from

one of the concerned judges/ruling governors, and in other

than the cases wherein the laws and statutes authorize the

arrest of suspects (Article 280 ).

5-2-1-B : False Imprisonment Intent:- The required criminal intent element for false imprisonment

in many jurisdictions is general and specific intent or

purposely to commit arrest, or confine, or detains a person

without an order or legal reason .

5-2-1-C: False Imprisonment Causation :- The defendant’s criminal act must be the factual and legal

cause of the harm.

5-2-1-D : False Imprisonment Harm:- The required harm element for False Imprisonment in most

jurisdictions , is illegal confinement.

5-2-2: False Imprisonment Attendant Circumstance:- In many jurisdictions, the attendant circumstance element

required for False Imprisonment, is that the confinement

occur against the victim’s will or without the victim’s consent.

Thus consent could function as a failure of proof or

affirmative defense to kidnapping.


- 87 -

5-2-3: - False Imprisonment Grading:- Egyptian penal code grades kidnapping as a misdemeanor.

5-2-4 :- False Imprisonment penalty :- - Detention or a fine not exceeding two hundred pounds is

the penalty for False Imprisonment (Article 280).

- Detention for a period not exceeding two years , is the

penalty for any person who lends a place for impermissible

confinement or detention while knowing about it(Article 281).

- Imprisonment is the penalty for arresting , in the case

prescribed in Article 280, which takes place by a person

dressed up as a civil servant of the government, or

characterizing himself by a false quality, or producing

a forged warrant claiming it is issued by the Government.

- Temporary hard labor is the penalty for arresting a person

without any legitimate claim, and threatens him with killing,

or torments him with physical tortures


- 88 -

Chapter summary

* Murder is a killing supported by the criminal intent of

malice or purposely, knowingly, or recklessly under

circumstances manifesting extreme indifference to life.

* The required criminal intent element for felony murder is

the general and specific intent to kill .

*If a felony is inherently dangerous to life, the defendant may

act with implied malice, knowingly, or recklessly manifesting

extreme indifference to human life when committing or

attempting to commit the felony.

*If more than one defendant commits or attempts to commit

a felony, all defendants are guilty of felony murder if

a victim is killed during the commission or attempted

commission of the felony.

*Some jurisdictions will not find a co-felon criminally

responsible for felony murder if the co-felon did not commit

the act of killing and was unaware that there was a risk of

death.

*In some jurisdictions, all co-felons are criminally

responsible for felony murder when someone other than

a co-felon kills a victim during the commission or attempted

commission of a felony that is inherently dangerous to life.

*In some jurisdictions, all co-felons are not criminally

responsible for felony murder , when someone other than

a co-felon kills a co-felon during the commission or attempted

commission of a felony.

*The killing must take place during the commission or

attempted commission of a felony for the felony murder rule to

apply.

*Felony murder can be first, second, or third degree.

*Typical felonies that classify felony murder as first degree are

arson, rape, carjacking, robbery, burglary, kidnapping, and

certain forcible sexual felonies.


- 89 -

*Manslaughter is a killing supported by malice negated by

a heat of passion, reckless, or negligent criminal intent.

*Voluntary manslaughter is a killing that occurs during an

adequately provoked heat of passion.

*An adequate provocation is one sufficient to goad

a reasonable person into killing and that actually provokes the

defendant into killing.

*A killing must occur during a heat of passion to be classified

as voluntary manslaughter. If a killing occurs before the heat

of passion is provoked or after the heat of passion has cooled,

it probably will be classified as murder.

*Voluntary manslaughter is supported by murder intent that

has been negated in an adequately provoked heat of passion.

Involuntary manslaughter lacks murder intent altogether.

*The types of involuntary manslaughter are:

- Misdemeanor manslaughter,

- Reckless or negligent involuntary manslaughter.

*Manslaughter is typically graded lower than murder.

Voluntary manslaughter is typically graded higher than

involuntary manslaughter.

*Some Penal Codes grade all manslaughters as felonies of the

second degree and grades negligent homicide as a felony of the

third degree.

*Homicide is the killing of one human being by another.

* Criminal homicide is either murder or manslaughter. *Some states and governments also criminalize the killing of

a fetus.

*Many jurisdictions follow the common law and define

murder as the killing of a victim with malice aforethought.

*Malice can be either a specific intent to kill, which is

express malice, or the intent to do serious bodily injury,

or depraved heart, which is implied malice.


- 90 -

*Most Penal Codes defines murder intent as purposely,

knowingly, or recklessly under circumstances indicating

extreme indifference to life.

*Most jurisdictions divide murder into degrees of

seriousness:-

- First-degree murder is the most serious, can merit the death

penalty in certain jurisdictions, and generally includes

premeditated murder, murder by a specified means, and serious

felony murders.

-Premeditated murder is typically a killing supported by

specific intent to kill combined with cool reflection and

planning.

-Murder by a specified means is killing with a specific

heinous method.

-Felony murder is a homicide that occurs during the

commission or attempted commission of a felony.

-Felony murder lacks murder intent; the defendant need

only possess the intent required for the felony.

-Felony murder can be graded as first, second, or third

degree, depending on the felony.

- Second-degree murder is often defined as any murder that is

not first degree. Typically, second-degree murder intent is the

intent to inflict serious bodily injury or a depraved heart intent.

- Second-degree murder is usually graded lower than first-

degree murder but higher than manslaughter.

* In many jurisdictions, manslaughter is an unlawful killing

without murder intent.

* Most jurisdictions divide manslaughter into voluntary and

involuntary.

* Most Penal Codes classifies all manslaughters as felonies

of the second degree.

*Voluntary manslaughter is a killing that occurs during

a heat of passion inspired by adequate provocation from the

victim, negating murder intent.


- 91 -

-Involuntary manslaughter can be a killing that occurs

during the commission or attempted commission of

a misdemeanor or a reckless or negligent killing, depending on

the jurisdiction.

-Involuntary manslaughter can also be vehicular

manslaughter when the killing occurs while driving a vehicle

recklessly, negligently, or under the influence of alcohol or

drugs.

*The required criminal act element for murder is conduct

that causes the victim’s death.

*The criminal intent element of murder is important because

it distinguishes murder from manslaughter.

*The deadly weapon doctrine creates an inference of murder

intent when the defendant uses a deadly weapon.

*A human being is dead when there is irreversible cessation

of the entire brain, including the brain stem.

-An example of a justifiable homicide is a killing by law

enforcement to prevent great bodily injury or death.

-An example of an excusable homicide is a killing perpetrated

by a legally insane defendant.

Documents

Crimes against persons 2016