Criminal Justice

Introduction to Criminal Law

December 19, 2011

Final Exam

1- Define the "traditional" crime of murder as described in 2C:11-3 (a) 1 and 2, include the two relevant forms of criminal intent or criminal state of mind.

Traditional, a person recklessly causes the death of another. According to New Jersey Homicide Law, criminal homicide constitutes murder when: (1) The actor purposely causes death or serious bodily injury resulting in death; or(2) The actor knowingly causes death or serious bodily injury resulting in death." Under N.J Homicide Law (a)(1), a person commits the crime of murder if his purpose in committing the crime is to cause the death of the victim. An example of a murder under N.J Homicide Law (a)(1) would be if two people got into a non-physical argument, and one of them said, "I'm going to kill you," drew a firearm, and fired a round into the victim's head. The perpetrator not only caused the death of the victim, but took actions with the specific and conscious desire to end the victim's life. Under N.J Homicide Law (a)(2), a person commits the crime of murder if he knows or should know that his conduct will lead to the death of the victim. The difference between the two provisions of the law is that under N.J Homicide Law (a)(2), the perpetrator's goal does not have to be the death of the victim. An example of a murder under N.J Homicide Law (a)(2) would be if the perpetrator set fire to a building in order to collect insurance money, with the knowledge that there were sleeping inhabitants of the building. Though the deaths were not the perpetrator's goal in committing the crime, he knew that his actions would lead to the victims' deaths.

2- Fully explain the doctrine of felony murder as it exists in New Jersey. Include its definition and specifically detail the meaning of each of its words and terms. Create a meaningful hypothetical.

Felony Murder Doctrine, a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over a store clerk, killing the clerk. Even if the death were accidental, all of the participants can be found guilty of felony murder, including those who did no harm, had no gun, and/or did not intend to hurt anyone. In a bizarre situation, if one of the holdup men or women is killed, his/her fellow robbers can be charged with murder. Under New Jersey Homicide Law, a felony murder occurs when a victim is killed by a person committing one of several specified crimes, or in the immediate flight from those crimes. The felony murder statute is significant, because it allows a defendant to be convicted of murder, not only when a defendant did not commit the actual homicide, but when the defendant did not contemplate that a death would occur during the commission of the crime. The felony murder statute can apply when a defendant acts alone or when he acts with one or more additional persons. Furthermore, the crime does not have to be completed; felony murder applies as long as the underlying crime is attempted. The underlying felonies include: robbery, which is defined as theft combined with physical force or threats under New Jersey Robbery Law; sexual assault, defined as both forcible rape and status offenses under New Jersey Sexual Assault Law; arson, which is defined as purposefully starting a fire or explosion under New Jersey