5. Homicide

Question 1

what is general common law murder?

Answer 1

the unlawful killing of a human being with malice aforethought

Question 2

when does malice aforethought exist? (common law murder, 4 options)

Answer 2

when one of the following states of mind exist:
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk of human life, or
4) intent to commit a felony

Question 3

what circumstance authorizes a permissive inference of intent to kill?

Answer 3

intentional use of a deadly weapon

Question 4

what is first degree pre-meditated murder?

Answer 4

SPECIFIC INTENT CRIME
defendant made the decision to kill in a cool and dispassionate manner AND actually reflected on the idea of killing (even if only for a brief period)

Question 5

what is felony murder?

Answer 5

any death (even accidental) committed during the commission or attempt of an enumerated felony

Question 6

what are the “enumerated felonies” for felony murder? (5)

Answer 6

*BARRK:
burglary,
arson,
rape,
robbery,
kidnapping

Question 7

what is second degree murder?

Answer 7

a killing done with reckless indifference to an unjustifiably high risk of human life OR any murder that is not classified as a first degree murder (usually called depraved heart killings)

Question 8

what are the main limitations on liability for felony murder? (5)

Answer 8

1) defendant must have committed or attempted to commit the underlying felony (defense that negates element of felony will ALSO be a defense to felony murder)
2) felony must be DISTINCT from the killing itself
3) death must have been a foreseeable result of the felony (most courts find foreseeability)
4) death must have been caused before the defendant’s “immediate flight” from the felony ended
5) not liable for death of co-felon resulting from resistance by police or felony victim

Question 9

what is voluntary manslaughter?

Answer 9

killing that would be murder BUT FOR the existence of adequate provocation

Question 10

when is provocation “adequate” for voluntary manslaughter? (4 rqmts)

Answer 10

adequate only if…
1) provocation would arouse sudden and intense passion in the mind of an ordinary person causing them to lose self control
2) the defendant was in fact provoked
3) there was not sufficient time between provocation and the killing for passions of a reasonable person to cool off, and
4) the defendant in fact did not cool off between provocation and killing

Question 11

when may murder be reduced to voluntary manslaughter under the doctrine of “imperfect self defense”? (min. view)

Answer 11

when even though the defendant was at fault in starting the altercation, they unreasonably but HONESTLY believed there was a necessity to respond with deadly force (ie–doesn’t qualify for self defense)

Question 12

what is involuntary manslaughter?

Answer 12

a killing committed with criminal negligence (or MPC recklessness)

Question 13

how is involuntary manslaughter different than “abandoned and malignant heart” murder?

Answer 13

AMH murder (CL) = requires a high risk of death
Involuntary manslaughter = only requires a substantial risk (lower)