Criminal Homicide

Question 1

Murder

Answer 1

the unlawful killing of another human being with malice aforethought

Question 2

Malice Aforethought

Answer 2

-intent to kill
-intent to inflict serious bodily harm
-Reckless indifference to an unjustifiably high risk to human life
-intent to commit a dangerous felony(any crime where there is serious risk of death)

Question 3

First Degree Premeditated Murder

Answer 3

The intentional, unlawful and deliberate killing of another human after premeditation

Question 4

Premeditation

Answer 4

the defendant actually reflected on the idea of the killing, the planning of a crime beforehand
->any interval of time between the forming of the intent to kill and the execution of that intent, which is of sufficient duration for the accused to be fully conscious of what he intended, is sufficient to support conviction of first-degree murder.

Question 5

First-Degree Felony Murder

Answer 5

the intentional and unlawful killing of another during the commission of an enumerated felony(burglary, arson, robbery, rape, and kidnapping).
-Premeditation not necessary.

Question 6

Voluntary Manslaughter

Answer 6

the intentional killing of another based on adequate provocation

Question 7

Voluntary Manslaughter Analysis

Answer 7

-provocation arouses a sudden and intense passion in the mind of an ordinary person, causing a loss of self-control
-defendant was in fact provoked
-insufficient time between provocation and killing for cooling off
-defendant in fact did not cool off between the provocation and the killing

Question 8

Heat of Passion

Answer 8

sufficient provocation by a situation that inflames the passion of a reasonable person such that it causes the person to momentarily act out of passion rather than reason.
-> cannot be something that would not set off most people
-mere words are insufficient
-discovering one’s spouse having sex with someone else
-serious assault and battery
-mutual combat(imperfect self defense)

Question 9

Mistake of Fact

Answer 9

when because of a reasonable mistake of fact, defendant is in error in identifying her provoker or accidentally kills the wrong person, she will still be guilty of voluntary manslaughter.

Question 10

Transferred Intent for Voluntary Manslaughter

Answer 10

If the defendant, in a heat of passion, intentionally kills an innocent bystander, he will be guilty of murder.

Question 11

Involuntary Manslaughter

Answer 11

General intent crime
- an unintentional killing committed with criminal negligence
- a killing committed during the commission of a crime for which felony murder does not apply

Question 12

Felony Murder

Answer 12

the killing of another person during the commission or attempted commission of an inherently dangerous felony
(burglary, arson, rape, sodomy, robbery, kidnapping, mayhem)

Question 13

Felony Murder- Mens Rea

Answer 13

The killing can be intentional, unintentional, and accidental
-malice is created by the actor’s intent to commit the underlying felony.

Question 14

Felony murder- merger doctrine

Answer 14

the underlying felony will generally merge into the crime of felony murder for purposes of double jeopardy.
-felony murder only applies where the underlying felony is independent of the killing.
- manslaughter will not qualify as an underlying felony