Driving Deaths and Murder

Vehicular homicide is the act of killing another person through the use of an automobile. In some states, the death of a person that results from someone else's driving is a crime that can be prosecuted as murder. Typically, the crime of murder is divided into degrees. Murder in the first degree, also referred to as "common-law murder," occurs when the defendant, with the specific intent to kill, kills another person.

In some states, first-degree murder applies only to certain, specified killings, like the killing of law enforcement officers. In such states, the intentional killing of another person that is not included in the definition of first-degree murder is called "second-degree murder."

Felony murder happens when a person is killed in the course of another crime being carried out. For example, a driver might be charged with felony murder if he killed someone with his car and his high-speed driving amounted to the crime of reckless driving. This type of murder is classified as either first- or second-degree murder, depending on the laws of your state.

Intentional Killing

"Malice" is an essential element of any murder charge. When malice is present, a criminal homicide is murder. Where there is no malice, a criminal homicide is manslaughter or some other lesser degree of criminal homicide, that is, a less severe crime.

Malice exists whenever a person kills another "intentionally," unless the killing is justified or excusable under the law. "Intentional" doesn't necessarily mean that a person acted with ill will or hatred, and it can include conduct in situations where a person was indifferent to the dangers and consequences of his actions. In addition, an intentional killing might be without malice if there are "mitigating circumstances," that is, there are facts or circumstances that make the crime less severe, such as when the defendant has a mental disorder.

A motor vehicle can be a murder weapon in the same way that a gun, a knife, or a club might be. So, when the evidence shows that the defendant intentionally ran someone down with an intent to kill, a conviction for murder will be sustained.

In addition, if a non-driver hires or forces a driver to commit vehicular homicide, the nondriver can be convicted of murder as an accessory- someone who helps commit the crime- or as a principal- the primary or main actor.

Implied Malice

Even when there isn't evidence of a clear intent to kill, that is, "express malice," malice can be inferred from proof that the defendant committed certain life-endangering acts. The various terms used to describe this type of conduct include:

• Depraved mind or depraved heart
• Wickedness of disposition
• Hardness of heart
• An abandoned and malignant heart

Courts have inferred malice and upheld murder convictions on the basis of deaths caused by a driver's extraordinarily wild driving, aggravated violations of traffic safety regulations, and intoxication.

For example, a driver can be convicted of murder where he or she drives a truck through a red light at a high speed while drunk, collides with a car that was moving through the intersection on a green light, and kills the other driver.

To sustain a conviction of murder, the State must prove more than ordinary negligence or even recklessness or criminal negligence. Rather, it must be shown that the defendant clearly showed a disregard for, and indifference to, human life.

Felony Murder

Under the felony murder doctrine, a vehicular homicide committed by a person who is also committing or attempting to commit a felony, or while escaping from the scene of a felony, can be punishable as murder. A felony is a category of criminal offenses, and usually refers to a serious crime punishable by imprisonment. The crimes classified as felonies can vary, depending on a state's laws.

For example, a defendant can be found guilty of murder when he or she causes an automobile collision during an attempted escape from a robbery and an occupant in the other car is killed in the collision.

In order for the felony murder doctrine to apply, the homicide must take place during the commission of a felony.The felony doesn't have to involve violence, but the death has to be the result of the defendant's conduct or actions while the felony was being committed or attempted.

For example, there was no felony murder conviction when the defendant stole a car, drove it five miles to a restaurant, ate a meal, and later, on his way back to where the car was stolen, he lost control of car and hit a group of pedestrians, killing one.

However, just because a particular crime is a felony in your state doesn't always mean that a felony murder conviction can be obtained. That is so in states where felony murder can be based only on specific felonies that are listed in the felony murder statute.

For example, some state laws provide that a felony murder prosecution can be brought only when the defendant caused the death of the victim while committing, or attempting to commit, a robbery, burglary, kidnapping, arson, rape, sodomy, sexual abuse, or escape, or in immediate flight, from one of those felonies.

So, under this type of law, a defendant's commission of a felony that is not listed can't be the basis for a felony murder prosecution.

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