Chapter 8: Criminal Homicide

Question 1

• Causing the death
• Of another human being
• With some level of mens rea
• Without justification or excuse

Answer 1

Homicide

Question 2

What is a “human being”?

Answer 2

Person born and alive (some states include unborn fetuses)

Question 3

What is “death”?

Answer 3

Irreversible cessation of brain functions or circulatory/respiratory functions

Question 4

Year-and-a-day rule

Answer 4

Did death occur too long after D’s causation?

Question 5

Intentional killings

Answer 5

Murder
- With intent (purpose) or knowledge

Voluntary manslaughter

Question 6

Unintentional killings

Answer 6

Murder

• With “depraved heart” or extreme indifference to the value of human life
• During commission of dangerous felony

Involuntary manslaughter

• Recklessly
• Negligently

Question 7

According to the MPC, having a “purpose” constitutes,

Answer 7

Having a conscious object

Question 8

Murder in the 1st degree

Answer 8

Intent (purpose) or knowledge PLUS premeditation and deliberation

Question 9

Murder in the 2nd degree

Answer 9

Intent to kill (without premeditation and deliberation) OR intent to seriously injure

Question 10

“Cold-blooded” killing

Answer 10

1st degree murder

Question 11

Conceiving of the idea of killing in advance of the actual act of killing

Answer 11

Premeditation

Question 12

Turning the idea over in the head and making a conscious choice to kill

Answer 12

Deliberation

Question 13

___ murder is reserved for cases in which prosecution cannot prove premeditation and deliberation

Answer 13

2nd degree

Question 14

“Hot-blooded” killing: a murder that is partially excuse because the D was “provoked”

Answer 14

Voluntary manslaughter

Question 15

Five-part test for voluntary manslaughter

Answer 15

1. What the provocation legally adequate?
2. Was the D actually provoke?
3. Would a reasonable person have been provoked?
4. Did the killing take place before the D actually cooled off?
5. Did the killing take place before a sola person would have cool off?

Question 16

Test for insanity

Answer 16

1. As a result of mental disease or defect
2. D lacks substantial capacity EITHER to:
   - Appreciate the criminality of his conduct (unaware that their actions are wrong)
   - Conform his conduct to the requirements of the law

Question 17

Example of insanity

Answer 17

PTSD (recognized in DSM-5)

Question 18

Unintentional killings: 1st degree murder

Answer 18

Felony murder, predicate felony listed in statute

Question 19

Unintentional killings: 2nd degree murder

Answer 19

• Felony murder, unlisted but inherently dangerous felony

- Depraved heart murders or EIVHL

Question 20

Unintentional killings: Involuntary manslaughter

Answer 20

Recklessly, negligently

Question 21

Basic rule: D can be convicted of murder if they, or a confederate, or even a bystander or law enforcement person, causes a death during the course of, and in furtherance of, an inherently dangerous felony

Answer 21

Felony murder

Question 22

If the felony is listed in the ___ murder statute, then the killing results in a conviction of ___

Answer 22

1st degree, 1st degree

Question 23

If the felony is NOT listed in the ___ murder statute, then killing results in a conviction of ___

Answer 23

1st degree, 2nd degree

Question 24

“Super recklessness”

Answer 24

Depraved heart

Question 25

Other terms to describe depraved heart

Answer 25

• Implied malice
• Abandoned and malignant heart
• Extreme indifferent to the value of human life (EIVHL)

Question 26

Involuntary manslaughter: “Super recklessness” vs “ordinary” recklessness

Answer 26

• The awareness is greater than just “practical certainty”

- Ordinary recklessness: D was consciously aware of the substantial and unjustifiable risk of death

Question 27

Involuntary manslaughter: Negligence

Answer 27

D was not aware but a reasonable person would have been aware of a substantial and unjustifiable risk of death

Question 28

Capital punishment constitutional limitations:

Answer 28

• Only available for crime of murder
• Not available for juveniles under 18
• Not available for intellectually disabled
• Available only if state allows certain procedures, including bifurcated trial and must find at least one aggravating factor and hear all mitigating factors for imposing death

Question 29

US Supreme Court held in ___ that D’s cannot challenge death penalty on discrimination grounds unless they prove that actors in a particular case acted with discriminatory intent or that legislature enacted or maintained death penalty with discriminatory intent.

Answer 29

McCleskey v. Kemp