1. Homicide Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is required for common law murder (second degree murder)?

A

1) Unlawful killing of another human being

2) Malice aforethought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are examples of common law murder (second degree murder)?

A

Express
- Intent to kill (knowledge of death as substantially certain/purpose to kill)

Implied

  • Intent to inflict great bodily injury (NOT death)
  • Reckless indifference to unjustifiably high risk to human life leading to wanton indeifference to human life (depraved heart) (e.g. drink driving)
  • Intent to commit felony murder
  • Intent to use deadly weapon (body/weapon likely to cause serious injury)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are examples of intent to use deadly weapon?

A

Intentionally piloting a speedboat through group of bathers

Intentionally firing bullet into crowded room

Professional boxer who beats up and kills a hostile tavern owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is required for adequate provocation as voluntary manslaughter? How can you reduce common law murder to voluntary manslaughter?

A

1) Arouse sudden and intense passion in ordinary mind (reasonable) (objective)
2) D was provoked (in fact) (subjective)
3) No sufficient time to cool off between provocation + murder (reasonable person) (objective) (heat of passion killing)
4) D did not cool off (in fact) (subjective) (heat of passion killing)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are examples of arousing in sudden and intense passion?

A

Threat to deadly force

Catching spouse sleeping with another

Victim of serious battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is required for imperfect self defense doctrine (voluntary manslaughter) (some states)?

A

D’s fault that started altercation

D unreasonably BUT honestly believed deadly force was necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is required for involuntary manslaughter?

A

Criminal negligence

  • Ignorance of risk to human life
  • Less risk than reckless murder

Killing during unlawful act + death is foreseeable

  • Misdemeanor
  • Felony (not felony murder)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is required for first degree murder in statutory law?

A

Deliberate + Premeditated

  • Decision to kill in cool + dispassionate manner
  • Reflected on idea of killing (short/long period)

First degree felony murder

  • Enumerated felony (listed) (most states) (battery, arson, rape, robbery, kidnapping)
  • Any felony (not listed) (some states)
  • Felony so inherently dangerous to human life (not listed) (some states)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is required for second degree murder in statutory law?

A

Intent to kill (Catch-all exception)

1) NO time to premeditate/deliberate (NOT first degree murder)
2) NO adequate provocation (NOT voluntary manslaughter)
- E.g. D ‘hears’ (NOT directly receives) insult => D kills immediately (NO premeditation + NO adequate provocation)

Guilty of first degree murder + voluntary intoxication

Intent to cause great bodily harm + Death

Extreme recklessness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is required for felony murder?

A

1) Unintentional + foreseeable killing

2) Proximately caused during dangerous felony or dangerously committed (substantial risk of death/serious bodily harm)
- Attempt
- Commission
- Flight

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is required for felony murder if D immediately ran away from the felony?

A

Death caused BEFORE D reached temporary safety

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Can D be liable for felony murder if his co-felon is killed by police or victim?

A

No (Redline view)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How can D be liable for felony murder of the victim if D did not directly murder victim?

A

Co-felon’s killing (agency theory)

Not co-felon’s killing (proximate cause theory)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is required for causation?

A

1) Cause in fact
- But for test

2) Proximate causation
- Natural + Probable consequence
- D’s lack of anticipation not required
- Single/Multiple acts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How may proximate causation chain be broken?

A

Superseding act

NOT

  • Victim’s fragility/weakness
  • Negligent medical care
  • Victim’s refusal to medical treatment for religious reasons
How well did you know this?
1
Not at all
2
3
4
5
Perfectly