2) Homicide

Question 1

crim homicide: elements

Answer 1

1) act (legal cause)
2) mens rea (part of unlawful)
3) no justification/excuse (part of unlawful)
4) result: death of a person

Question 2

murder: def

Answer 2

unlawful killing of a human being w malice

Question 3

“human being”: CL rule

Answer 3

required that V be born alive first

Question 4

“human being” current rule

Answer 4

states may extend crim liability to include fetus after first trimester

Question 5

suicide

Answer 5

assisted suicide is not accomplice liability for murder – death must be caused by someone other than V.

Question 6

suicide: exception

Answer 6

RECKLESS conduct that proximately causes someone else to commit suicide (play Russian Roulette) can cause homicide liability, but not based on an accomplice theory

Question 7

year and a day rule

Answer 7

at CL, if V died more than 1y+1d after D’s act that was cause in fact –> death not foreseeable –> D not the legal cause

Question 8

year and a day rule: now

Answer 8

most states have eliminated or extended period

Question 9

ways D can be responsible for killing he dn directly commit

Answer 9

1) accomplice
2) conspiracy
3) substantial factor
4) co-felon liability (felony murder)

Question 10

accomplice liability: def

Answer 10

D who is accomplice to actual killer may be held liable for homicide, even tho it was killer’s act that caused V’s death

Question 11

conspiracy liability: def

Answer 11

if:
1) reasonably foreseeable result of conspiracy is homicide AND
2) homicide was committed in furtherance of the conspiracy, THEN
all members of the conspiracy can be held liable for homicide (regardless of which actually caused it)

Question 12

murder: MR

Answer 12

malice

Question 13

intent to kill: MR

Answer 13

purpose or knowledge

Question 14

deadly weapons doctrine

Answer 14

intent to kill is normally inferred from D’s use of an instrument designed to kill OR used in a manner likely to kill or inflict GBH

Question 15

intent to cause SBH

Answer 15

= express malice, even if D did not intend to kill

Question 16

SBH def

Answer 16

serious bodily injury: significant but non-fatal injury

Question 17

intent to inflict SBH malice

Answer 17

D purpose or knowledge that his actions will result in serious physical injury

(and if happens to result in death, then murder malice!)

Question 18

depraved heart murder

Answer 18

(implied malice)
unintentional killing resulting from
1) reckless or grossly neg conduct
2) that creates an extreme risk to others
3) that demonstrates a wanton indifference to human life + conscious disregard of unreasonable risk of death or SBH

Question 19

felony murder: elments

Answer 19

1) unintentional killing
2) proximately caused (right connection)
3) during the commission or attempted commission (right time)
4) of a serious or inherently dangerous felony (right type of crime)

malice is automatic! (don’t need to expect someone would die)

Question 20

right type of killing: ways

Answer 20

1) listed in statute if there is one, OR

2) independent of killing AND inherently dangerous

Question 21

“independent of the killing” def

Answer 21

(maj rule): if primary felonious purpose of the felony is serious physical harm, felony is NOT independent

Question 22

“independent of the killing” aka

Answer 22

collateral to the killing

Question 23

“independnet” of the killing: exs of crimes that are NOT

Answer 23

manslaughter, aggravated batter, ag asault, mayhem

Question 24

“inherently dangerous” def

Answer 24

inevitable secondary effect of the felony is serious risk to human life

Question 25

"inherently dangerous" : 2 tests

Answer 25

1) (majority) abstract | 2) context (minority)

Question 26

"inherently dangerous" abstract test

Answer 26

felony must be dangerous in all contexts | (majority) --> is it ALWAYS inherently dangerous?

Question 27

"inherently dangerous": context test

Answer 27

(minority) consider manner of commission --> was it inherently dangerous?

Question 28

so, right type of felony is

Answer 28

independent AND inherently dangerous

Question 29

felonies that are almost always good predicates for felony murder: mnemonic

Answer 29

BARRK

Question 30

felonies that are almost always good predicates for felony murder: list

Answer 30

1) burglary 2) arson 3) rape 4) robbery 5) kidnapping (exception: if burglary was committed to violently harm someone in the house)

Question 31

proximate cause / felony murder: def

Answer 31

death must be foreseeable outgrowth of felony -- courts are very liberal! only if totally unrelated/mere coincidence then no FM liability

Question 32

"right time" felony murder

Answer 32

1) during the commission of felony 2) during attempt to commit the felony 3) during immediate flight

Question 33

immediate flight: def

Answer 33

has not reached place of temporary safety

Question 34

felony murder: felony starts when

Answer 34

D could be convicted of attempting to commit the felony

Question 35

felony murder: felony ends when

Answer 35

felon has reached place of temporary safety

Question 36

felony murder: co-felon liability: def

Answer 36

where V is killed at the hands of not-your-D (a co-felon or another person), whether or not your D is liable for the killing depends on the jurisdiction

Question 37

co-felon liability: rules

Answer 37

1) modern majority agency | 2) orig CL

Question 38

co-felon: modern majority agency rule: rule

Answer 38

felony urder liability is limited to killings committed at the hand of a co-felon (NOT a 3rd person) --> co-felon is acting as an agent for D

Question 39

co-felon: modern majority agency rule: exception

Answer 39

BUT some js. still allow liability when non-felon kills another non-felon (ex. V/police or police/V)

Question 40

co-felon: orig CL rule

Answer 40

broad CF liability. All felons liable fo rany homicide that occurs during the felony, doesn't matter who killed or who died.

Question 41

co-felon rules: EXCEPTIONS (/other rules)

Answer 41

1) non-violent felon exception 2) deserving V exception 3) redline limitation

Question 42

CF: nonviolent felon exception: def

Answer 42

MINORITY Js: exempt nonviolent cofelon from liability (ex. not armed, didn't know of plans)

Question 43

CF: deserving V exception

Answer 43

MINORITY Js: killing of a co-felon is exempted from felony murder liability

Question 44

CF: redline limitation

Answer 44

MANY Js: killings by nonfelon are exempt from the doctrine IF killing is justifiable or excuable homicide (bc then no unlawful killing to attribute to the felons) similar to agency: just slightly limited -- if killing committed LAWFULLY by nonfelon no FM, instead of if killing committed by nonfelon no FM

Question 45

first degree murder, aka

Answer 45

capital murder

Question 46

first degree murder: def

Answer 46

j's statute determines what additional elements are needed | of course malice bc always malice for murder

Question 47

first degree murder: majority rule

Answer 47

at CL and in most js: 1) premeditation AND 2) deliberation will make it first degree murder

Question 48

premeditation + deliberation: MR

Answer 48

ALWAYS purposeful

Question 49

premeditation + deliberation: to do what

Answer 49

KILL, not just hurt someone

Question 50

premeditation: def

Answer 50

quantity of thought: D thinks about act of killing CL: time of eye to twinkle now some time, but ok v brief

Question 51

deliberation: def

Answer 51

quality of thought: D must make deliberate choice to kill, which requires rational thought

Question 52

premeditation + deliberation: defenses

Answer 52

voluntary intoxication OR diminished capacity may disable ability to think rationally, and thus negate deliberation/premed

Question 53

premeditation + deliberation: how fast?

Answer 53

depends on j: CL + SOME Js: can do it as fast as decide to pull the trigger (result: collapses distinction btwn P+D v sjust intentional) MOST js: premeditation AFTER intent to kill formed, so SOME reflection

Question 54

first degree murder: common additional statutory elements

Answer 54

``` felony murder (esp enumerated) lying in wait poision terrorism torture spl victim (child or police) ```

Question 55

2nd degree murder: def

Answer 55

any killing w malice, but w/o the req. additional element to prove 1DM where 1DM = P+D, any murder WITHOUT PURPOSE must be 2nd deg

Question 56

voluntary manslaughter: def

Answer 56

intentional killing mitigated by circumstances negating malice

Question 57

"heat of passion killing" aka

Answer 57

VM

Question 58

VM: kinds of circs that can negate malice

Answer 58

1) adequate provocation 2) diminished mental capaicty (minority!) 3) imperfect self-defense

Question 59

VM: adequate provocation: def

Answer 59

a provocation that would lead a (objective) RP to lose self-control and fly into a sudden homicidal rage

Question 60

VM: adequate provocation: exs

Answer 60

after V of serious battery after threat of deadly force spouse sex w another discovers serious physical injury of close family member

Question 61

VM: adequate provocation: words alone

Answer 61

are not enough! no mere words!

Question 62

VM: adequate provocation: limits

Answer 62

1) causal connection must exist btwn the provocation and the killing 2) not cooled off

Question 63

VM: adequate provocation: limits: not cooled: ways

Answer 63

1) time must not have been long enough that RP would have cooled off, AND 2) D must not have actually cooled off

Question 64

VM: diminished mental capacity: rule

Answer 64

minority! | mental disturbance short of insanity can nulllify malice

Question 65

VM: imperfect self defense: rule

Answer 65

many states honest but unreasoanble judgment of necessity to use deathly force in self defense or defense of another result: not a complete defense but nullifies malice, murder --> manslaughter

Question 66

involuntary manslaughter: def

Answer 66

unintentional killing resulting from unjustifiable risk creation (recklessness or gross negligence) (but not enough for DHM)

Question 67

criminal negligence: examples

Answer 67

mishandle loaded weapon dangerous operation of car (dui) shaking baby

Question 68

misdemeanor manslaughter: def

Answer 68

unintentional killing that occurs during commission/attempt of: 1) a malum in se misdemanor OR 2) of a felony that's not the right kind for FM (minority rule)