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Bar Crim > 2) Homicide > Flashcards

2) Homicide Flashcards

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1
Q

crim homicide: elements

A

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

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2
Q

murder: def

A

unlawful killing of a human being w malice

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3
Q

“human being”: CL rule

A

required that V be born alive first

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4
Q

“human being” current rule

A

states may extend crim liability to include fetus after first trimester

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5
Q

suicide

A

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

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6
Q

suicide: exception

A

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

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7
Q

year and a day rule

A

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

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8
Q

year and a day rule: now

A

most states have eliminated or extended period

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9
Q

ways D can be responsible for killing he dn directly commit

A

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

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10
Q

accomplice liability: def

A

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

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11
Q

conspiracy liability: def

A

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)

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12
Q

murder: MR

A

malice

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13
Q

intent to kill: MR

A

purpose or knowledge

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14
Q

deadly weapons doctrine

A

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

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15
Q

intent to cause SBH

A

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

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16
Q

SBH def

A

serious bodily injury: significant but non-fatal injury

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17
Q

intent to inflict SBH malice

A

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

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

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18
Q

depraved heart murder

A

(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

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19
Q

felony murder: elments

A

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)

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20
Q

right type of killing: ways

A

1) listed in statute if there is one, OR

2) independent of killing AND inherently dangerous

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21
Q

“independent of the killing” def

A

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

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22
Q

“independent of the killing” aka

A

collateral to the killing

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23
Q

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

A

manslaughter, aggravated batter, ag asault, mayhem

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24
Q

“inherently dangerous” def

A

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

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25
Q

“inherently dangerous” : 2 tests

A

1) (majority) abstract

2) context (minority)

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26
Q

“inherently dangerous” abstract test

A

felony must be dangerous in all contexts

(majority) –> is it ALWAYS inherently dangerous?

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27
Q

“inherently dangerous”: context test

A

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

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28
Q

so, right type of felony is

A

independent AND inherently dangerous

29
Q

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

A

BARRK

30
Q

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

A

1) burglary
2) arson
3) rape
4) robbery
5) kidnapping

(exception: if burglary was committed to violently harm someone in the house)

31
Q

proximate cause / felony murder: def

A

death must be foreseeable outgrowth of felony – courts are very liberal!

only if totally unrelated/mere coincidence then no FM liability

32
Q

“right time” felony murder

A

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

33
Q

immediate flight: def

A

has not reached place of temporary safety

34
Q

felony murder: felony starts when

A

D could be convicted of attempting to commit the felony

35
Q

felony murder: felony ends when

A

felon has reached place of temporary safety

36
Q

felony murder: co-felon liability: def

A

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

37
Q

co-felon liability: rules

A

1) modern majority agency

2) orig CL

38
Q

co-felon: modern majority agency rule: rule

A

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

39
Q

co-felon: modern majority agency rule: exception

A

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

40
Q

co-felon: orig CL rule

A

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

41
Q

co-felon rules: EXCEPTIONS (/other rules)

A

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

42
Q

CF: nonviolent felon exception: def

A

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

43
Q

CF: deserving V exception

A

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

44
Q

CF: redline limitation

A

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

45
Q

first degree murder, aka

A

capital murder

46
Q

first degree murder: def

A

j’s statute determines what additional elements are needed

of course malice bc always malice for murder

47
Q

first degree murder: majority rule

A

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

48
Q

premeditation + deliberation: MR

A

ALWAYS purposeful

49
Q

premeditation + deliberation: to do what

A

KILL, not just hurt someone

50
Q

premeditation: def

A

quantity of thought: D thinks about act of killing

CL: time of eye to twinkle
now some time, but ok v brief

51
Q

deliberation: def

A

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

52
Q

premeditation + deliberation: defenses

A

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

53
Q

premeditation + deliberation: how fast?

A

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

54
Q

first degree murder: common additional statutory elements

A 
felony murder (esp enumerated)
lying in wait
poision
terrorism
torture
spl victim (child or police)
55
Q

2nd degree murder: def

A

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

56
Q

voluntary manslaughter: def

A

intentional killing mitigated by circumstances negating malice

57
Q

“heat of passion killing” aka

A

VM

58
Q

VM: kinds of circs that can negate malice

A

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

59
Q

VM: adequate provocation: def

A

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

60
Q

VM: adequate provocation: exs

A

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

61
Q

VM: adequate provocation: words alone

A

are not enough! no mere words!

62
Q

VM: adequate provocation: limits

A

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

63
Q

VM: adequate provocation: limits: not cooled: ways

A

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

64
Q

VM: diminished mental capacity: rule

A

minority!

mental disturbance short of insanity can nulllify malice

65
Q

VM: imperfect self defense: rule

A

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

66
Q

involuntary manslaughter: def

A

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

67
Q

criminal negligence: examples

A

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

68
Q

misdemeanor manslaughter: def

A

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)

Bar Crim (6 decks)

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