Crim - Homicide Flashcards
What are the two ways you can be guilty of homicide
Murder
Manslaughter
What are the 4 common law ways to commit murder
Intent to kill (premeditated killing)
I2 Inflict Serious bodily harm
Felony Murder
Depraved heart
I2Kill
Premeditated killing
Specific intent
I2 Inflict serious bodily harm means you lack the speific intent to kill but
Just want to hurt the person but the person dies
Felony murder is when
Death occurs while committing a dangerous felony
What are the dangerous felonies in felony murder
Burglary
Arson
Rape
Robbery
Kidnapping
Depraved heart is when
Reckless disregard for human life
What are the two types of manslaughter
voluntary
involuntary
Voluntary manslaughter must show
Adequate provocation
Heat of passion
No time to cool off
Involuntary manslaughter
negligent conduct causing a death
Question states If it is charged with murder, will J be guilty
Only use
1-4 CL Murder
Question states If it is charged with manslaughter, will J be guilty
Only use
voluntary/involuntary
Question states What is the serious form of homicide, J could be gulity of is asking for what type of crime and what is it usually testing
tests both murder and manslaughter and usually the difference between depraved heart or involuntary
Depraved heart means reckless conduct which means and what is the key there
I knew or should have known of consequences
If people there = reckleness
Negligent conduct means you didnt know or should know someone would get killed and you look to see if
there is no people
if there is a statute in the question for murder they will
take the 4 murders and divide
One is defending themselves but they are using excessive force because I honestly believe that this is the only way to defend myself and you kill them. You can only be guilty of
voluntary manslaughter through imperfect defense
Parent negligently the welfare of the child (ie the doctor, hospital, mediciation) can cause you to be gulity of
involuntary manslaughter
When the question asks what crim the D can be convicted of → think
merger analysis
When the question asks what crime the D is guilty of committing → include
lesser charges
