21. Homicide

Question 1

Murder (with malice)

o 1st degree

Answer 1

(sentence: death, life without parole, life)

Intent + Malice+ Premeditation + Deliberation

Felony murder (strict liability) 
•	Identify predicate felony from the statute the legislature enumerated (usually robbery, rape, burglary, kidnapping)
•	Prove actus reus and mens rea for predicate felonies

Question 2

Murder (with malice)

o 2nd Degree

Answer 2

(Sentence: 15-60 years)
Intent (to kill or cause great bodily harm) + Malice

 Felony murder (strict liability)

 Depraved Indifference Murder (reckless, gross-negligence)
• Under circumstances evincing depraved indifference to life, recklessly engages in conduct that is imminently dangerous and creates a grave risk of death—>ie Crashing car into a crowd

Question 3

Manslaughter (without malice)

o Voluntary

Answer 3

provocation doctrine or extreme emotional distress

Question 4

Manslaughter (without malice)

o Involuntary

Answer 4

recklessness, maybe negligence

Question 5

How to decide level…

Answer 5

• 1. Identify the conduct (voluntary act/punishable omission) that caused the death of the human being,
     
     2. Separate out all of the theories that caused the death of a human being