Common Law Homicide Flashcards
Classifications of Homicide
(1) Justifiable homicides (those commanded or authorized by law);
(2) Excusable homicides (those for which there was a defense to criminal liability); and
(3) Criminal homicides.
Types of Criminal Homicide Offenses
(1) Murder
(2) Voluntary Manslaughter
(3) Involuntary Manslaughter
Definition of Murder
The unlawful killing of another human being with malice aforethought. Malice aforethought may be express of implied.
Definition of Malice Aforethought
Exists if the defendant has any of the following states of mind:
(1) intent to kill (express malice);
(2) intent to inflict bodily injury;
(3) reckless indifference to an unjustifiably high risk to human life (“abandoned and malignant heart”); or
(4) intent to comit a felony (felony murder)
Abandoned Malignant Heart Murder Definition
Abandoned and malignant heart murder, the defendant must have a reckless indifference to an unjustifiable high risk to human life. Recklessness under the M.P.C. requires only a substantial and unjustifiable risk.
Deadly Weapon Rule
Intentional use of a deadly weapon authorizes a permissive inference of intent to kill.
Deadly Weapon Definition
Any instrument, or in some limited circumstances, any part of the body – used in a manner calculated or likely to produce death or serious bodily injury.
Definition of Voluntary Manslaughter
a killing that would otherwise be murder but is distinguishable from murder by the existence of adequate provocation (i.e. killing in the heat of passion).
Elements of adequate provocation
(1) the provocation must have been one that would arouse sudden and intense passion in the mind of an ordinary person such as to cause him to lose his self-control
(2) the defendant must have in fact been provoked.
(3) there must have not been sufficient time between the provocation and the killing for the passions of the reasonable person to cool.; AND
(4) the defendant in fact did not cool off between the provocation and the killing.
When is provocation adequate?
Recognized in cases of:
(1) Being subjected to serious battery or a threat of deadly force; and
(2) Discovering one’s spouse in bed with another person.
Inadequate provocations as a Matter of Law
Mere words, but modern courts tend to send the issue to the jury of whether “mere words” or similar matters constitute adequate provocation.
Imperfect Self-Defense Doctrine
Not all, but some states recognize situations under which murder may be reduced to manslaughter even though:
(1) the defendant was at fault in starting the altercation; or
(2) the defendant unreasonably but honestly believe in the necessity of responding with deadly force.
Types of Involuntary Manslaughter
(1) Criminal Negligence
(2) Unlawful Act
Criminal Negligence (or Recklessness) Definition
Criminal negligence requires a greater deviation from the “reasonable person” standard than is required for civil liability.
Types of Unlawful Act Manslaughter
(1) Misdemeanor-Manslaughter Rule
(2) Felonies Not Included in Felony Murder
