crim Flashcards
Common law
murder
common law definition: the killing of another human being with malice aforethought
murders committed with 1) evil intent (malice) and 2) premeditation (aforethought)
4 ways to commit murder / have malice aforethought
1. intent to kill- premeditated / specific intent
2. intent to inflict serious bodily injury - no specific intent to kill, but they die.
3. felony murder - feath occurs while committing dangerous felony BAARK
4. depraved heart murder - reckless disregard for human life
two types of homicide
- murder
- manslaughter
6 homicides
1. intent to kill- premeditated / specific intent
2. intent to inflict serious bodily injury - no specific intent to kill, but they die.
3. felony murder - death occurs while committing dangerous felony BAARK
4. depraved heart murder - reckless disregard for human life
5. voluntary manslaughter - provoked + heat of passion
6. involuntary - negligent conduct causing death
difference between depraved heart and involuntary manslaughter
depraved heart = reckless; people present; an extreme indifference to human life
involuntary manslaughter: negligent; no people present; wanton and reckless disregard for human life
homicide
there is a dead body. you are either being tested on murder or manslaughter, not both.
will transfered intent satisfy the intent element of first degree murder?
yes
So, if you try to kill someone by shooting them and kill someone else, you’ll be liable for murder of the person you actually shot and attempted murder of the original victim you tried to shoot.
first degree murder, what must a prosecutor prove?
1. intent to kill - using a deadly weapon satisfies this
2. a cool mind - no rage, fear, or passion
3. premeditation - you thought about this shit. no premeditatoin time limit, you can premeditate in one second. the courts will look at whether you had motive.
second degree murder
anything that isn’t first degree
capital murder
a killing which is punishable by the death penalty
So essentially, killing with aggravating factors (they have capital punishment i.e. the death penalty in 27 states).
Sometimes people will be charged with capital murder for killing a police officer, or killing someone while in a jail, or especially brutal or fucked up murders like torture murders or those involving vulnerable victims.
voluntary manslaughter elements
This is an intentional killing committed in the heat of passion.
1. passion - the courts will look at whether you were furious, upset, enraged at the time of the killing.
2. provocation - words alone usually not enough; real shit needs to go down.
3. no cool down time - there can be no chill period between the time you lose control and the time you commit the murder.
depraved heart murder
A murder committed with recklessness rather than intent.
NOT MANSLAUGHTER.
Mens rea of recklessness rather than intent.
people around
Defense of voluntary intoxication can only reduce a first degree murder down to a depraved heart murder
an extreme indifference to the value of human life
imperfect self defense
When you believe it is necessary to kill someone and use deadly force (even if this is based on you being shitfaced), but it is not objectively reasonable in the real world, then you can raise imperfect self-defense to try and lower your charge from first degree murder to voluntary manslaughter.
intentional killings
- first degree murder
- voluntary manslaughter
unintentional killings
- depraved heart murder
- involuntary mansalughter
- felony murder
involuntary manslaughter
in the form of negligent homicide is just simply you being a fucking idiot i.e. texting while driving on the highway, leaving your kid in a hot car or not feeding them, falling asleep in a car.
Involuntary manslaughter is simple and we are just looking for unintentional killings caused through simple negligence, not extreme recklessness (they will make it clear on the test whether the person was being simply negligent or extremely reckless).
if someone has a legal duty to act and they do not act and this results in death, the most they can be charged with is _______
involuntary manslaughter
Ex. hit and run
You have a legal duty to render assistance after you hit someone.
If you do not, this will result in an involuntary manslaughter charge.
Ex. parents have a duty to their child
Leaving them in a hot car will result in involuntary manslaughter charges.
child dying from malnutrition - you had a duty to feed them.
if they ask you what instruction the lawyer will argue….
the answer will alwys be involuntary manslaughter rather than depraved heart
Sometimes this comes up when someone kills someone when they are drunk driving. It may be either one depending on the facts… but the lawyer will argue for the lesser offense which is involuntary manslaughter.
felony murder
Sometimes you are in the process of committing an inherently dangerous felony. In order to be found guilty of felony murder you must kill someone (even accidentally) while in the process of a motha-fucking BARRK felony
treated as first degree murder when it is charged.
the prosecution must actually prove you committed the underlying offense
the killing itself must take place during the actual felony or during flight IMMEDIATELY after the felony
it is still felony murder even if the person was going to die anyway from their heart defect - you take the plaintiff as you find them.
BARRK felonies
B - Burglary
A - Arson
R - Rape
R - Robbery
K - Kidnapping
can you be liable for the death of a co-felon (felony murder)
NOOOOOO
What happens if you are BARRKing around and your co-felon gets killed?
If the police kill the co-felon, or a potential victim kills the co-felon, are you liable for felony murder for the loss of his or her life?
The co-felon agreed to participate in the crime, so their death is not a separate charge and will NOT trigger felony murder.
You can only charge it to the game, because when you get involved in BARRK felonies, that’s just how it goes my goats.
what if a victim or police officer kills an innocent party on accident during a BAARK felony? are you liable?
Maybe.
There are two different approaches
- In jurisdictions which follow the proximate cause rule: you will be guilty if an innocent party kills another innocent party on accident in the course of your BARRK felony because you set the killing into motion.
- In jurisdictions which follow the agency rule: you will NOT be guilty of felony murder because the police and bystanders were not agents of your felony or helping you in anyway.
what happens if you aren’t BAARKing but simply doing some hoodrat shit with your friends and accidentally kill someone?
you will be charged with involuntary manslaughter via the misdemeanor manslaughter doctrine
whenever the problem on the MBE mentions a MISDEMEANOR… the answer will be involuntary MANSLAUGHTER. That will be the MOST serious murder that a person can be charged with.
what four scenarios can you be charged with involuntary manslaughter?
- Criminal negligence
- Intent to inflict slight injury
- Misdemeanor manslaughter; or
- Failure to act.