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By: Dr. Engelberta Sp. KJ

Homicide refers to one human killing another. Murder is a type of homicide committed unlawfully and with malice. The elements of common law murder are an unlawful killing of a human by another with malice. This distinguishes murder from lawful killings like executions. At common law, life ended with cessation of circulation and breathing, but courts now use brain death. Malice was originally deliberate premeditated killing with ill will, but courts have broadened this to include killings with reckless intent using deadly weapons. Mental illnesses like schizophrenia may be defenses in murder cases.

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33 views14 pages

By: Dr. Engelberta Sp. KJ

Homicide refers to one human killing another. Murder is a type of homicide committed unlawfully and with malice. The elements of common law murder are an unlawful killing of a human by another with malice. This distinguishes murder from lawful killings like executions. At common law, life ended with cessation of circulation and breathing, but courts now use brain death. Malice was originally deliberate premeditated killing with ill will, but courts have broadened this to include killings with reckless intent using deadly weapons. Mental illnesses like schizophrenia may be defenses in murder cases.

Uploaded by

jane
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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By: dr. Engelberta Sp.

Kj

Homicide refers to the act of a human


killing another human.

Murder, for example, is a type of


homicide. It can also describe a person
who has committed such an act

Intentional murder
Unintentional murder

Anger
Jealousy
malice
Revenge
Accidental
Payment killer

The elements of common law murder are:


Unlawful
killing
of a human
by another human
with malice

This distinguishes murder from killings


that are done within the boundaries of
law, such as an execution or the killing of
enemy soldiers during a war.

At common law life ended with


cardiopulmonary arrest

The total and permanent cessation of


blood circulation and respiration. With
advances in medical technology courts
have adopted irreversible cessation of all
brain function as marking the end of life.

This element presents the issue of when


life begins. Life began when the fetus
passed through the birth canal and took
its first breath.
At common law a fetus was not a human
being.

Originally malice afore thought carried its everyday


meaning
a deliberate and premeditated killing of another
motivated by ill will.
Murder necessarily required that an appreciable
time pass between the formation and execution of
the intent to kill.
The courts broadened the scope of murder by
eliminating the requirement of actual premeditation
and deliberation as well as true malice.
All that was required for malice aforethought to
exist is that the perpetrator act with one of the four
states of mind that constitutes "malice."

The deadly weapon rule applies. Thus, if


the defendant intentionally uses a deadly
weapon or instrument against the victim,
such use authorizes a permissive
inference of intent to kill. In other words,
"intent follows the bullet."
Examples of deadly weapons and
instruments include but are not limited to
guns, knives, deadly toxins or chemicals
or gases and even vehicles when
intentionally used to harm a victim.

Schizophrenia
Psychosis
Bipolar

with psychotic symptom


Psychopath
Sociopath
Antisocial personality disorder

Antipsychotic (for psychotic patient)


Psychotherapy
CBT
Rehabilitation

THANKS

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