CRIM - Homicide

Question 1

Homicide (definition)

Answer 1

1. Death
2. of a human being
3. caused by
4. another human being

Death

• respiratory or brain

Human Being

• alive at time of act
• newborn who dies from injuries inflicted while in womb, but after taking first breath and being fully expelled from mother

Question 2

Murder (definition)

Answer 2

1. The killing
2. of a human being
3. caused by another
4. without excuse, justificiation, or mitigation

aka. malice aforethought

Killing

• affirmative act
• non-action where actor desires result and victim dies
• failure to act where duty to act

By Another

• by the accused
• by an accomplice or co-conspirator - where killing is a reasonable foreseeable result of the conspiracy
• by a third party - NO LIABILITY for killing by a non co-felon 3rd party EXCEPT where human shield, shoot-out

Question 3

1st Degree Murder (definition)

Answer 3

1. murder committed with premeditation and deliberation, and
2. murder in the commission of or attempted commission of certain inherently dangerous felonies

Deliberation –> cool mind capable of reflection

Premeditation –> person with the cool mind did reflect before the act of killing

Specific intent crime

Question 4

2nd Degree Murder (definition)

Answer 4

Any murder which is NOT 1st degree murder

Includes:

• Specific intent to kill, without premeditation and deliberation
• Specific intent to do serious bodily injury
• Depraved heart murder
• Diminished mental capacity
• Voluntary intoxication

Question 5

Voluntary Manslaughter - Heat of passion manslaughter (definition)

Answer 5

1. intentional killing
2. committed in
3. the sudden heat of passion
4. caused by legally adequate provocation

reasonable man standard

Question 6

Justifiable Homicide (defense to homicide)

Answer 6

1. Justifiable homicide - commanded or authorized by law
2. Killings done under public authority
3. Killings to prevent escape
4. Killings to prevent crime

Question 7

Defenses to Homicide (List)

Answer 7

1. Justifiable Homicide
2. Excuse

Justification and excuse provide complete defenses to homicide, leading to acquittal.

Question 8

Self Defense (definition)

Answer 8

1. Is a defense to homicide
2. Permits a person
3. who was not the aggressor
4. to use reasonable force
5. when she actually and reasonably believes
6. that she faces imminent bodily harm

Reasonable force –> no more force than is necessary to ward off the attack.

Actual belief –> D must actually believe he is in imminent danger of bodily harm and that it is necessary to use force to defend himself.

Reasonable belief –> objectively

Immediate –> about to happen

No duty to retreat

Question 9

Depraved Heart Murder (definition)

Answer 9

1. A death
2. resulting from conduct
3. which involves
4. a wanton and willful
5. disregard
6. of an unreasonable risk to human life

Question 10

Involuntary manslaughter (Criminal Negligence)

Answer 10

1. An unintended
2. killing
3. that results
4. from criminal negligence

Question 11

Felony Murder (definition)

Answer 11

1. occurs when
2. a death occurs
3. in the commission
4. of an inherently dangerous felony