Crimes against the person Flashcards
What is homicide?
Unlawful killing of another person
What is murder?
homicide w/ malice
What is manslaughter?
homicide w/o malice
What are the 4 ways to commit murder?
(1) Intent to kill
(2) Intent to inflict serious bodily injury
(3) Depraved heart murder
(4) Felony murder
What is murder by intent to kill?
Premeditated, specific intent
What is murder by intent to inflict serious bodily harm?
No specific intent to kill, just really want to hurt someone
What is depraved heart murder?
Reckless disregard for human life (you know/should’ve known death could occur and you acted anyway. Look for people present.
What is felony murder?
Death occurs while committing a dangerous felony. Death must be a foreseeable outgrowth of the felony. Felony starts when D could be convicted of attempt and ends when D has reached a place of temporary safety.
What felonies qualify for the felony murder rule?
Burglary, arson, rape, robbery, kidnapping
What is co-felon liability in felony murder?
Liability is limited to the killing by a co-felon
What is the redline exception?
In a felony murder, when police or a victim kills a co-felon
What is voluntary manslaughter?
Intentional killing mitigated by adequate provocation/heat of passion
What is involuntary manslaughter?
Unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that isn’t sufficient to rise to the level of implied malice. Look for no people present
What is misdemeanor manslaughter?
Unintentional killing that occurs during the commission or attempted commission of malum in se misdemeanor or a non-BARRK felony
