C/L Homicide

Question 1

year and a day rule

Answer 1

Defendant may not be prosecuted for criminal homicide unless the victim dies within a year and a day of the act inflicting the fatal injury (Causation thing)

Question 2

C/L murder

Answer 2

The unlawful killing of another human being with malice aforethought

Question 3

Malice Aforethought

Answer 3

-expressed or implied
-malice is some sort of premeditation
Express malice: intending to kill another
Implied malice:
- Intent to cause grievous bodily harm,
-reckless disregard for the value of human life (depraved-heart murder)
-felony murder

Question 4

How to prove intent to kill

Answer 4

1) natural and probable consequences -an ordinary person expects the natural and foreseeable consequences of their actions
2) deadly weapon rule- using deadly weapon and pointing it at vital body part infers intent

Question 5

Limits to the felony murder rule

Answer 5

• inherently dangerous felony limitation (dangerous to human life) (looking at facts of specific case)
• merger limitation
• if temporary safety reached, subsequent deaths are not felony murder
• act of god limitation (crazy, out of, ordinary thing happens during felony (like meteorite)
• killing by a non-felon (agency approach or prox cause approach)

Question 6

C/L Felony murder

Answer 6

1) D committed enumerated felony or inherently dangerous felony
2) Death occurred during its commission

Question 7

BARRK

Answer 7

Burglary, Arson, Robbery, Rape, Kidnapping

Question 8

Agency Approach to Felony Murder

Answer 8

Majority. Felony murder does not extend if third party (non-felon) did the killing

Question 9

Prox cause approach to felony murder

Answer 9

Minority. If death was foreseeable, felony murder rule extends.

Question 10

C/L Voluntary manslaughter

Answer 10

1) actor must have acted in heat of passion
2) passion must have been result of adequate provocation (ordinary person in D’s shoes) (words alone not provocation)
3) actor must not have a reasonable opportunity to cool off
4) causal link between homicide, provocation, and passion

Question 11

C/L standard for adequate provocation

Answer 11

• spousal adultery (sometimes, has to be observation)
• mutual combat
• extreme assault and battery
• illegal arrest (sometimes)
• injury or serious abuse to defendant’s relatives or third party (if there is a mistake, it must be a reasonable one determined by jury)

Question 12

C/L Involuntary Manslaughter-

Answer 12

1) Unintentional killing of another human being
either:
-lawful act done in a criminally negligent manner;
-misdemeanor manslaughter;
-sometimes reckless homicide without malice

Question 13

Difference between involuntary manslaughter and depraved heart murder

Answer 13

• if actor is aware of risk/ has extreme disregard for human life, then deprave heart murder
• if normal recklessness without malice, the involuntary manslaughter

Question 14

Penn Central/ her approach to C/L murder

Answer 14

Murder: Unlawful killing of a human being with malice aforethought
First degree Murder:
1) statutory specifics,
2) willful, deliberate, and premeditated killing,
3) felony murder (enumerated felonies)
Second Degree Murder
Other kinds of murder:
1) not premeditated and deliberate,
2) intent to inflict grievous bodily injury,
3) recklessness (depraved heart)
4) Felony murder (enumerated or unenumerated depending on scheme)

Question 15

Penn Central/ her appraoch to manslaughter

Answer 15

Manslaughter: unlawful killing of a human being without malice
Voluntary Manslaughter: Intentional homicide committed in the sudden heat of passion as the result of adequate provocation
Involuntary Manslaughter: 1) lawful act done in a criminally negligent manner; 2) misdemeanor manslaughter; 3) sometimes reckless homicide
Sometimes: Vehicular Manslaughter: driving a vehicle in the commission of a misdemeanor, with gross negligence, or driving a vehicle lawfully which might produce death in an unlawful manner

Question 16

What are willful, deliberate, premeditate killings

Answer 16

Specific intent to kill
willful
deliberate (quality of thought)
Premeditated (quantity of time put into thought

Question 17

Modified degrees approach

Answer 17

First Degree: Intentional, premeditated, deliberate killing
Second Degree: felony murder
Third Degree: all other types of murder

Question 18

State v. Guthrie

Answer 18

victim had made fun of D for having a bad mood so D, removed his glove, pulled the knife from his pocket, and stabbed victim in the neck. To be premeditated, deliberate murder, there must be a period of time between the formation of the intent to kill and the actual killing. Such period of time indicates the killing was calculated and by design. Deliberation means there must be an opportunity for some reflection on the intention to kill after the intent is formed by the accused.

Question 19

Midgett v. State

Answer 19

Man abused son to death. Father didn’t intend to kill, just intended to abuse, so not willful, deliberate, and premeditated just 2nd degree murder

Question 20

State v. Forrest

Answer 20

Son walked into hospital and shot dad. It was premeditated and deliberate so first degree murder

Question 21

Girourd v. State

Answer 21

Military couple got into fight and wife said she wanted divorce. Husband went to kitchen, got knife, asked if she was sure, then stabbed her. For provocation to be adequate to mitigate murder to manslaughter, the provocation must be calculated to inflame the passion of a reasonable person and tend to cause him to act for the moment from passion rather than reason.

Question 22

People v. Knoller

Answer 22

Killer dog case. Depraved heart murder. Implied malice requires that one act with a conscious disregard to human life.