In order to convict someone of murder!??!?

Question

What main pieces of evidence do you need?!?!?

Answer 1

You have to establish actus reus and mens rea, which are the guilty act and the guilty mind.

There are several types of murder with different requirements

murder
1st degree murder
2nd degree murder
the felony murder rule
manslaughter with aggravating factors

The actus reus requires proof that the defendant committed an intentional act and that act was the proximate cause of another's death.

intentional means that the act which caused the death was in concert with the required mental state. Unintentional acts will result either in a complete defense or unintentional manslaughter, also known as negligent homicide.

Proximate cause means that the act must set forth a series of events that end with the death of another. Imagine balancing a bucket of knives over a rope tied to a piano hovering over your girlfriend. Throwing a rock at the bucket would be the proximate cause of your girlfriend becoming crushed by the piano. Pulling a trigger that fires a chamber releasing a bullet, striking a victim's lung, resulting in a week long coma followed by a death would satisfy the objective elements for murder if the DA can prove each and every element in the series of events.

The mens rea, or mental state is most important.

for murder the requirement is malice (intent to harm) at common law. In states that have adopted the Model Penal Code, the requirement is purposeful as to killing or knowing with practical certainty that your actions will result in a killing.

1st and 2nd degree murder draw a distinction on premeditation.

the felony murder rule is that when someone is in the process of committing a felony, a death which occurs in the process shall result in the charge of murder regardless of the felon's state of mind. Should someone rob a 7-11 at gunpoint, drop the gun, which accidentally goes off and kills the store owner, the robber would be charged with murder. In some states, the guy driving the getaway car, even though he had no idea what was going on, would be charged as an accomplice to murder.

manslaughter is the reckless killing of another, which means that one's actions have a substantial likelihood of bringing about the death of another. Such as throwing concrete blocks off of a building into a street below, when the thrower knew that pedestrians could be walking below. An aggravating factor would be reckless disregard showing extreme indifference for the value of human life. This is a jury question and may pop up in extreme cases such as throwing a firecracker into a barn filled with hay and 40 school children with the intent to scare them. If extreme indifference for the value of human life is found, a jury would only have to find that the killer knew that there was a substantial likelihood that the firecracker would ignite the hay rather than find that the killer was purposefully trying to burn the children (instead of frightening them). He intended to throw the firecracker into the barn, the firecracker ignited the hay (rather than something else as demonstrated by the fire chief), the children died of 3rd degree burns (according to the autopsy), the killer acted with extreme indifference for the value of human life, the killer knew that there was a substantial likelihood that a firecracker could ignite the hay. This is what a jury would have to find to establish murder. Missing one of these or if the defendant should succeed in a complete defense (duress, insanity, involuntary intoxication etc.) would result in an acquittal.

Answer 2

At common law murder was the taking of a human life by another with malice aforethought.

Malice aforethought is defined as having criminal intent.

Our justice system requires proof of each and every element of the offence charged beyond and to the exclusion of every reasonable doubt to a moral certainty.

Therefore, the evidence you need is:

1. Someone was killed.
2. It was a homicide or the taking of a life by another.
3. That the killing was intentional.
4. The identity of the killer or defendant who is charged.
5. Proof beyond a doubt that the defendant killed the decedent with criminal intent.

Answer 3

Prove the occurrence of death, then identify the suspect/s and ensure that the killing was pre-meditated and was committed with treachery to constitute as murder as defined under the Penal Law.

Answer 4

The body, the weapon, the motive, the evidence...

Answer 5

Means, motive, and opportunity