9.5: End-Of-Chapter Material

Summary

Homicide is the killing of one human being by another. Criminal homicide is the unlawful killing of another and is classified as murder, manslaughter, or criminally negligent homicide. Alaska has also criminalized the killing of a fetus. Suicide is usually not criminal, although assisted suicide is manslaughter.

Alaska uses the brain death test for determining death. A person is “alive” if they have either spontaneous respiratory or cardiac function, or have spontaneous brain function, even though respiratory and cardiac function are maintained by artificial means.

Murder is the most serious degree of criminal homicide. Manslaughter and criminally negligent homicide are less serious degrees of criminal homicide. At common law, murder was the unlawful killing of a human being with malice aforethought. Manslaughter was the unlawful killing without malice.

Alaska has abandoned the common law definitions. Instead, Alaska categorizes homicide largely based on the defendant’s culpable mental state at the time of the killing. Murder in the first degree, the most serious criminal offense in Alaska, includes intentional murder. Murder in the second degree includes extremely reckless murders, killings committed with the intent to cause serious physical injury, and felony murder.

Felony murder is a criminal homicide that occurs during the commission or attempted commission of an inherently dangerous felony. The code enumerates which felonies are considered inherently dangerous, including arson, kidnapping, sexual assault, sexual abuse of a minor, burglary, escape, robbery, and drug-trafficking. Each of the enumerated felonies creates a foreseeable risk of death. Under the felony murder rule, accomplices to the underlying felony are equally culpable for any resulting death that occurs, except for deaths of co-felons. A defendant may be guilty of manslaughter for the death of a co-felon. A limited affirmative defense exists, if the defendant did not actually kill the victim, or had no knowledge or awareness that the death might occur.

At common law, manslaughter was divided into voluntary and involuntary manslaughter. In Alaska, manslaughter is a residual category of criminal homicide. Killings that occur during a heat of passion inspired by adequate provocation from the victim constitute manslaughter by operation of law. Manslaughter also includes reckless killings. Criminally negligent homicides are deaths caused by criminal negligence. Alaska does not have specific vehicle homicide statutes.

Key Takeaways

• Homicide is the killing of one human being by another.
• Homicide is not always criminal. For example, capital punishment is homicide, but it is not criminal homicide.
• Alaska uses the brain death test to determine when life ends.
• Although a “person” must be born with spontaneous brain function to be considered alive, Alaska criminalizes homicide of a fetus (except abortion) as murder, manslaughter, or negligent homicide of an unborn child.
• Suicide is not a crime, but assisted suicide is a crime.
• The Alaska Supreme Court has held that it is constitutional to criminalize assisted suicide. A minority of states allow a physician to legally end the life of a terminally ill patient.
• The criminal intent element of murder is important because it distinguishes the different degrees of murder, manslaughter, and criminally negligent homicide.
• 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.
• Although there are several different ways to commit murder in the first-degree in Alaska, the most common is intentional murder.
• Intentional murder does not require proof of premeditation or deliberation (although premeditation or deliberation may evidence intent).
• Premeditated murder is typically a purposeful killing committed after calm planning and reflection.
• The criminal act can help prove that a murder was premeditated. If the killing is carried out in a manner that indicates a strong and calculated desire to bring about the victim’s death, the trier of fact can conclude that the murder was premeditated.
• First-degree murder is the highest classification of murder with the most severe sentencing options. First-degree murder qualifies the defendant for life in prison (99 years).
• Second-degree murder is often defined as any murder committed under circumstances evidencing extreme indifference to life or as murder with the intent to cause serious physical injury.
• Felony murder is included within second-degree murder.
• Second-degree murder is graded lower than first-degree murder but higher than manslaughter.
• The criminal intent element required for felony murder is the intent required for the underlying felony, not a murderous intent.
• If a felony is inherently dangerous to life, the defendant is considered to act with implied malice when there is a resulting death during 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.
• 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.
• An affirmative defense allows a defendant to avoid criminal liability under the felony murder rule if the co-felon did not commit the act of killing and was unaware that there was a risk of death.
• The felony and the death must be part of the same continuous criminal transaction.
• Manslaughter was the unlawful killing without malice or without adequate provocation at common law.
• At common law, voluntary manslaughter was a killing that occurs during an adequately provoked heat of passion. Involuntary manslaughter lacks murder intent altogether.
• Manslaughter includes reckless homicides.
• Criminally negligent homicides are homicides committed with criminal negligence. Criminally negligent homicide is the lowest form of criminal homicide in Alaska.
• Alaska does not have specific vehicular homicide statutes.

Answers to Exercises

From “Homicide”

1. The fundamental difference between homicide and suicide is the identity of the victim. In a homicide, the victim is another human being. In a suicide, the victim is the perpetrator, which is one of the reasons that homicide is often criminal and suicide is not.

From “Murder”

1. Jay has the criminal intent of extreme recklessness. Jay’s conduct in shooting at a tree in a public place might cause someone’s death, which indicates that Jay is indifferent to whether he takes a life. This indifference is a form of manifesting extreme indifference to the value of human life.
2. Johnnie demonstrates a clear intent to kill. The facts indicate a willful, deliberate, premeditated killing. Johnnie planned the killing by putting his gun in the glove compartment and driving by the gas station on Friday night where he suspects Marcus will be present. He killed Marcus in a manner calculated to cause death.

From “Felony Murder”

1. Fred is likely not guilty of second-degree murder. The facts demonstrate that the carjacking was likely complete by the time Fred drove away. The killing of the pedestrian the following day is separated by time and distance.
2. Kurt may not have committed felony murder in this case because he had reached a place of temporary safety. However, arguably, Kurt hiding in an alley is part of the same continuous criminal transaction and was still in the immediate flight thereof when the death occurred.