1. Homicide Flashcards
Elements required to prove a crime
Actus Reus (voluntary, physical act);
Mens Rea (mental state);
Concurrence (requisite mens rea must exist at the time of the actus reus); and
Causation (cause-in-fact/actual + proximate cause) (usually needed, but not always, e.g. attempted murder)
2) Malice aforethought
What are examples of common law murder (second degree murder)?
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)
What are examples of intent to use deadly weapon?
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
What is required for adequate provocation as voluntary manslaughter? How can you reduce common law murder to voluntary manslaughter?
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)
What are examples of arousing in sudden and intense passion?
Threat to deadly force
Catching spouse sleeping with another
Victim of serious battery
What is required for imperfect self defense doctrine (voluntary manslaughter) (some states)?
D’s fault that started altercation
D unreasonably BUT honestly believed deadly force was necessary
What is required for involuntary manslaughter?
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)
What is required for first degree murder in statutory law?
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)
What is required for second degree murder in statutory law?
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
What is required for felony murder?
1) Unintentional + foreseeable killing
2) Proximately caused during dangerous felony or dangerously committed (substantial risk of death/serious bodily harm)
- Attempt
- Commission
- Flight
What is required for felony murder if D immediately ran away from the felony?
Death caused BEFORE D reached temporary safety
Can D be liable for felony murder if his co-felon is killed by police or victim?
No (Redline view)
How can D be liable for felony murder of the victim if D did not directly murder victim?
Co-felon’s killing (agency theory)
Not co-felon’s killing (proximate cause theory)
What is required for causation?
1) Cause in fact
- But for test
2) Proximate causation
- Natural + Probable consequence
- D’s lack of anticipation not required
- Single/Multiple acts
How may proximate causation chain be broken?
Superseding act
NOT
- Victim’s fragility/weakness
- Negligent medical care
- Victim’s refusal to medical treatment for religious reasons
