CLAW Homicide

Question 1

Murder definition

Answer 1

unlawful killing of a human being by another human being with malice aforethought (CL)

Question 2

manslaughter

Answer 2

unlawful killing of a human being by another human being without malice aforethought (CL)

Question 3

4 common law conditions for murder

Answer 3

o 1. Intent to kill (express malice)
o 2. Intent to commit serious bodily injury
o 3. An abandoned and malignant heart or depraved heart
o 4. The felony murder rule applies
 2-4 are implied malice

Question 4

intentional killing that is reduced through partial defenses

Answer 4

Voluntary manslaughter

Question 5

3 partial defenses

Answer 5

 Provocation: heat of passion
 Imperfect self-defense
 Diminished capacity

Question 6

brought about death of another through crim negligence

Answer 6

involuntary manslaughter

Question 7

3 ways to prove first degree murder if it involves:

Answer 7

1) premed and deliberation; 2) murder is committed using means specified in first degree statute; 3) felony murder

Question 8

Depraved heart murder definition and degree

Answer 8

2nd; “I know its risky and I dont care”; inherently dangerous; intent to do SBI

Question 9

Heat of passion CLAW murder is

Answer 9

voluntary manslaughter

Question 10

What test is used when instructing for manslaughter if D is provoked under CLAW

Answer 10

1) sudden heat of passion; 2) adequately provoked; 3) D did not have sufficient time to cool off; 4) needs to be a causal connection

Question 11

CLAW does not address _________ for heat of passion killings

Answer 11

personal characteristics

Question 12

Degree if intend to kill with premed and delib

Answer 12

1st

Question 13

Degree if intend to kill but not premed or delib

Answer 13

2nd

Question 14

intend to kill but act in heat of passion

Answer 14

voluntary manslaughter

Question 15

Only need mens rea for what if a felony murder

Answer 15

underlying enumerated felony

Question 16

Majority approach to active bystander scenario for felony murder

Answer 16

felons are not on hook for killing by third part unless that party is an agent

Question 17

Minority approach to active bystander scenario for felony murder

Answer 17

Prox cause approach; felon is liable for any death

Question 18

Res gestate requirements for felony murder

Answer 18

one continuous transaction; causal connection is present

Question 19

CLAW majority approach to inherent dangerous felonies

Answer 19

Detm in abstract or specific facts

Question 20

CLAW minority of inherently dangerous felonies

Answer 20

felonies are only considered in the abstract