Crimes Against The Person - Homicide

Question 0

What constitutes malice aforethought?

Answer 0

Intent to kill, or
Intent to inflict serious bodily harm, or
Reckless indifference to human life, or
The intentional commission of a dangerous felony (Felony Murder)

Question 1

What are the elements of MURDER?

Answer 1

Causing the death of another person with malice aforethought.

Question 2

What is the Deadly Weapon Rule?

Answer 2

intentional use of a deadly weapon creates an inference of intent to kill (satisfies malice aforethought).

Question 3

How does transferred intent work for murder?

Answer 3

If defendant attempts to kill V1 but accidentally kills V2 instead, his intent to kill V1 transfers to the murder of V2.

(doctrine also applies to battery and arson)

Question 4

What is the Felony Murder Rule?

Answer 4

a killing caused during the commission or attempt to commit a felony.

Question 5

What are the most common limitations on felony murder?

Answer 5

1. D is guilty of the underlying felony
2. the felony was inherently dangerous
3. felony must be independent of the killing
4. killing took place during the felony or flight therefrom
5. death must be foreseeable
6. victim was not a co-felon

Question 6

What is the merger rule in the context of felony murder?

Answer 6

The felon was independent of the killing, meaning: it won’t apply if the felony is aggravated assault, but will if the felony is burglary.

Question 7

What are the inherently dangerous felonies recognized in NY (for purposes of felony murder rule)?

Answer 7

BRAKES
Burglary
Robbery
Arson
Kidnapping
Escape*
Sexual Assault

*Most jurisdictions recognize all but Escape

Question 8

What is the Proximate Cause theory (for purposes of felony murder)?

Answer 8

Any co-felon is on the hook for a killing, even if a third party bystander or police officer is the one who actually killed the victim.

Question 9

What is the agency theory (for purposes of felony murder)?

Answer 9

co-felon is only on the hook if one of his co-felons actually committed the killing.

Question 10

What is the Non Slayer Defense to felony murder (NEW YORK SPECIFIC)?

Answer 10

1. D did not kill the victim
2. D did not have a deadly weapon
3. D had no reason to believe his co-felons had deadly weapons
4. D had no reason to believe his co-felons intended to do anything that was likely to result in death

Question 11

What is the majority definition of First Degree Murder?

Answer 11

Killing committed with premeditation and deliberation.

Question 12

What is the majority definition of Second Degree Murder?

Answer 12

Any intentional (but non-premeditated/deliberated) killing, including depraved heart, and intent-to-inflict-serious-bodily-harm murder

Question 13

How does NEW YORK define First Degree Murder?

Answer 13

1. D had the intent to kill
2. D was 18+ years old, and
   At least 1 aggravating factor.

Question 14

What are the aggravating factors to First Degree Murder in New York?

Answer 14

1. Victim is a law enforcement officer doing his job
2. D committed a murder for hire
3. Felony murder where victim was intentionally killed
4. Killing for the purpose of intimidating a witness
5. More than one victim was intentionally killed during the same criminal transaction.

Question 15

How is Second Degree Murder defined in NY?

Answer 15

1. Intentional killing that doesn’t qualify for First Degree Murder
2. Highly reckless killing that demonstrates depraved indifference to human life (by engaging in conduct that creates a grave risk involving more than 1 victim - or torture if only 1)
3. Felony murder, where victim is killed unintentionally

Question 16

What is aggravated homicide in New York?

Answer 16

When V is a police officer killed in the line of duty (murder or manslaughter)

Question 17

What is Aggravated Murder in New York?

Answer 17

When D is over age 18 and kills someone under age 14 in an especially cruel and wanton manner.