Pennsylvania Criminal Homicide Cases: Murder, Voluntary Manslaughter, or Involuntary Manslaughter?

If you have been arrested and charged with criminal homicide in Pennsylvania, it is important to understand the different classifications of murder and manslaughter. An experienced PA defense attorney will be able to guide you on the different classifications, because they each have different consequences. This article examines the key differences between the different classifications of criminal homicide.

18 Pa.C.S. § 2501. CRIMINAL HOMICIDE

A criminal homicide is a death which is the caused by some criminal agency—i.e. a death that is the result of a crime, which is not an accident or suicide.

In Pennsylvania, there are three criminal homicide classifications: (1) murder; (2) voluntary manslaughter; and (3) involuntary manslaughter. The jury will hear the evidence and determine how the homicide should be classified.

18 Pa.C.S. § 2502. MURDER

  • Malice: The key requirement for a homicide to be murder is element of malice.

  • There are three degrees of Murder: First Degree Murder, Second Degree Murder, and Third Degree Murder.

A homicide will be classified as a murder if it has the element of malice. Malice is not just hatred, spite or ill will and instead refers to various bad mental states or attitudes which a person who kills.

A killing is committed with malice if the accused acted with intent to kill, with intent to inflict serious bodily harm or with such wickedness of disposition, hardness of heart, cruelty, recklessness of consequences and lack of regard for social duty as to indicate unjustified disregard for the probability of death or great bodily harm and extreme indifference to the value of human life. Malice may be exhibited by an act of gross recklessness from which it is reasonable to anticipate that death of another is likely to result.

A killing is without malice if the killer acted with legal justification or excuse or under circumstances that reduce the killing to manslaughter. Malice, like other elements of murder, must be established beyond a reasonable doubt.

18 Pa.C.S. § 2504. VOLUNTARY MANSLAUGHTER.

  • The intent to kill contains no malice because it resulted from sudden and intense passion brought on by serious provocation.

Under the common law, manslaughter consisted of criminal homicide without malice. Manslaughter has been described as intermediate crime which lies half-way between the more serious crime of murder and justifiable or excusable homicides which are not criminal at all.

 The typical fact situation was a slaying committed in a fit of rage generated by despicable or unlawful act of the victim. Although the killing was intentional, it was said to be without malice inasmuch as it was committed in the heat of passion generated by adequate provocation.

Taking the same approach as common law, this section more resembles a limitation of the crime of murder than the definition of a criminal offense. Rather than list the elements of proof required for voluntary manslaughter, this section sets forth extenuating circumstance where the defendant cannot be convicted of murder. An intentional, inexcusable, and unjustified killing is the gravamen of voluntary manslaughter.

Lack of malice is the factor which distinguishes voluntary manslaughter from murder of the first degree. Where the crime is voluntary manslaughter, the intent to kill contains no malice because it resulted from sudden and intense passion brought on by serious provocation.

INVOLUNTARY MANSLAUGHTER

  • Involuntary manslaughter is an unintentional killing without malice

A person is guilty of involuntary manslaughter when a death occurs as a direct result of doing an unlawful act in a reckless or grossly negligent manner. It does not matter whether the defendant was engaged in a lawful or unlawful activity, as long as the defendant acted in a rash or reckless manner.

If you or a loved one has been charged with a homicide, it is imperative that you obtain experienced counsel given that the consequences of a conviction range from decades in prison, a life sentence, or the death penalty.

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What is First Degree Murder under Pennsylvania Law?

 Pennsylvania’s first degree murder statute is one of the most serious crimes as it comes with a mandatory life sentence or the death penalty. Defendants are not entitled to bail if they are charged with first degree murder. This article explains the elements of PA’s first degree murder statute so that you have an understanding of what you are facing.

8 Pa.C.S. § 2502. MURDER

(a) MURDER OF THE FIRST DEGREE—a criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.

“Intentional Killing.” Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.

The elements of a first degree murder are:

  1. the victim is dead;

  2. the defendant killed the victim;

  3. the defendant acted with a specific intent to kill; and

  4. the killing was with malice.

Proof beyond a reasonable doubt of the elements may be made with circumstantial evidence. If the totality of the evidence and the logically drawn inferences must flow from a proven fact beyond a reasonable doubt to support a finding of guilt.

DEATH

A death is defined as the cessation of breathing and heartbeat of the victim. This is not usually an issue unless the body is not discovered. The irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the brain, including the brain stem will suffice. This is when a victim has been maintained for a period of time artificially and was legally dead before the removal of life support systems.

IDENTITY

The Commonwealth needs to identify the defendant at trial, which may be done circumstantially.

CAUSATION

The Commonwealth needs to prove that the defendant is the cause of the death. The defendant’s conduct must be a direct and substantial factor in bringing about death. Cause of death is proved through a medical expert witness who testifies to the cause of death to a reasonable degree of medical certainty. A defendant cannot be the legal cause of death if the actions of the victim, or actions of a third person, or occurrence of another event played an independent, important and overriding role in bringing about the death.  A criminal homicide can occur where there are culpable omissions by the defendant as well as culpable conduct. For example, if you fail to provide food to someone you agreed to provide food to.

INTENT

 Proof of a specific intent to kill is what distinguishes first degree murder from other forms of murder. Specific intent is present if a killing is willful, deliberate and premeditated. First degree murder requires an act by a person who has a fully formed intent to kill and who is conscious of that purpose. The requirements of premeditation and deliberation are met whenever there is a conscious purpose to bring about a victim’s death.

If the defendant is not the killer, first degree requires proof that the defendant was an accomplice or a member of a conspiracy the purpose of which was to commit murder.

The Commonwealth can rely on circumstantial evidence to prove that a killing was intentional. A jury can infer intent form words or conduct. Although the defendant must premeditate to possess specific intent to kill, premeditation does not require planning or previous thought. There must be enough time for the defendant to fully form an intent to kill and become conscious of that intention. An impulsive act will not constitute premeditation.

MALICE

A homicide will be classified as a murder if it has the element of malice. Malice is not just hatred, spite or ill will and instead refers to various bad mental states or attitudes which a person who kills.

A killing is committed with malice if the accused acted:

  • with intent to kill

  • with intent to inflict serious bodily harm

  • with gross recklessness from which it is reasonable to anticipate that death of another is likely to result or

  • with such wickedness of disposition, hardness of heart, cruelty, recklessness of consequences and lack of regard for social duty as to indicate unjustified disregard for the probability of death or great bodily harm and extreme indifference to the value of human life.

A killing is without malice if the killer acted with legal justification or excuse or under circumstances that reduce the killing to manslaughter. Malice, like other elements of murder, must be established beyond a reasonable doubt.

MOTIVE

Motive is not an element of first degree murder. The Commonwealth is not required to produce evidence of motive. However, motive can be relevant to establish specific intent to kill and absence of motive can be used to establish lack of specific intent to kill. There must be evidence of motive for the Commonwealth to argue it

Evidence of prior incidents involving the defendant and victim are admissible to prove motive if relevant.

SENTENCING

The sentence for a first degree murder is life in prison without parole or the death penalty.

If you or a loved one has been charged with a homicide, it is imperative that you obtain experienced counsel given that the consequences of a conviction range from decades in prison, a life sentence, or the death penalty.

Click on the button below to call for a free consultation