The criminal transmission of AIDS is a new and evolving topic with state and federal courts and criminal codes. Many jurisdictions have statutes specifying that death by the deliberate transmission of AIDS is murder because murder intent is present. 1Death by the inadvertent transmission of AIDS is more likely manslaughter, although modern courts could begin to imply malice or murder intent in this situation. For states that follow the one or three years and a day rule, the time limit could affect any murder or manslaughter charge because medical breakthroughs have extended the life span of AIDS victims significantly.
Good News: The US Murder Rate Is Declining
| Years | Percent Change/Murder Rate |
| 2006/2005 | +1.8 |
| 2007/2006 | −0.6 |
| 2008/2007 | −3.9 |
| 2009/2008 | −7.2 |
KEY TAKEAWAYS
- The criminal act element required for murder is conduct that causes the victim’s death.
- The criminal intent element of murder is important because it distinguishes murder from manslaughter.
- The three types of malice aforethought are intent to kill, intent to cause serious bodily injury, and depraved heart. The three Model Penal Code murder mental states are purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.
- Express malice is the intent to kill the victim, or purposely, under the Model Penal Code. Implied malice is indifference to whether the victim lives or dies, or knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life under the Model Penal Code. Implied malice, knowingly, and recklessly includes the intent to commit serious bodily injury and depraved heart intent.
- The deadly weapon doctrine creates an inference of murder intent when the defendant uses a deadly weapon. If the trier of fact accepts the inference, the prosecution does not have the burden of proving criminal intent.
- A human being is dead when there is irreversible cessation of the entire brain, including the brain stem.
- 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.
- When a victim dies because of the deliberate transmission of AIDS, the crime is most likely murder because murder intent is present. When a victim dies because of the inadvertent transmission of AIDS, the crime is most likely manslaughter, although modern courts could begin to imply malice or murder intent in this situation.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Jay is angry about the grade he received on his criminal law midterm. Jay pulls a loaded revolver out of his backpack, aims at a tree and fires in an attempt to release his frustrations. Unfortunately, Jay is an inexperienced marksman and the bullet strikes an innocent bystander in the forehead, killing him. What was Jay’s criminal intent when shooting the revolver?
- A prosecutor reviews the file for Jay’s criminal case. After reading the facts, he chuckles and tells his paralegal, “It won’t be hard to prove criminal intent in this case.” Is this true? Why or why not?
- Read U.S. v. Moore, 846 F.2d 1163 (1988). Did the US Court of Appeals for the Eighth Circuit hold that teeth are a deadly weapon when the defendant is infected with the HIV virus? The case is available at this link: http://openjurist.org/846/f2d/1163
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