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Criminal Law > Criminal Homicide > Flashcards

Criminal Homicide Flashcards

Final Prep

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1
Q

Types of CL homicide

A
  • Intentional Murder
  • Felony Murder
  • Depraved Heart Murder
  • Voluntary Manslaughter
  • Involuntary Manslaughter
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2
Q

Intentional Murder CL

A
  • The killing of a human being with Malice Aforethought
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3
Q

1st Degree Murder

A

Murder that is premeditated or intentional

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4
Q

2nd Degree Murder

A

Murder not aggravated by the circumstances of 1st degree
- ex. felony murder, DHM, intentional infliction of grievous bodily harm but no intent to kill

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5
Q

Malice Aforethought

A

Mental state for CL murder encompassing any of the following:
1. Intent to kill
2. Intent to inflict grievous bodily harm
3. Extreme reckless indifference to the value of human life (abandoned & malignant heart)
4. Intent to commit a felony

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6
Q

Premeditation: Broad Approach

A
  • twinkling of an eye
  • intent should’ve come into existence at time of killing or any time previously
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7
Q

Premeditation: Intermediate Approach

A
  • Opportunity for some reflection on intent to kill after its formed (includes prior calculation & design)
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8
Q

Premeditation: Narrow Approach

A
  • Premeditate: think about beforehand (time for 2nd look)
  • Deliberate: though process undisturbed by hot blood
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9
Q

Voluntary Manslaughter CL

A
  • Intentional homicide, done in a sudden heat of passion, caused by adequate provocation, b4 there has been a rsbl opportunity for the passion to cool
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10
Q

Involuntary Manslaughter CL

A
  1. no intent to kill or do GBH but committed w gross negligence
  2. Via the misdemeanor
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11
Q

For provocation to be adequate it must be

A
  • calculated to inflame the passion of a rsbl man & tend to cause him to act for the moment from passion rather than rsn
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12
Q

Rules for provocation

A
  1. Heat of passion
  2. Adequate provocation
  3. Sudden heat of passion
    • no time to cool
  4. causal connection btwn provocation, passion, & fatal act
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13
Q

What constitutes adequate provocation?

A
  1. Discovering spouse in sexual intercourse w other at the moment of the act
  2. Mutual Combat
  3. Assault & Battery
  4. Injury to Relative
  5. Resistance to illegal arrest
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14
Q

Where can D’s subj. characteristics be considered?

A
  1. was D provoked to lose self control
    - ALWAYS Relevant
  2. Gravity of Provocation
  3. Assess level of self-control
    - 2&3 more problematic, age & gender routinely considered, more like to consider subj. characteristics
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15
Q

Gross Negligence CL

A
  • substantial departure from standard of care
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16
Q

Felony Murder CL

A
  • murder that occurs during commission of a felony
  • strict liability
17
Q

Identifying Felonies CL

A
  • Specific Doctrines
    ** some jurisdictions have a combo of specific doctrines & enumerated felonies (MPC)
18
Q

Inherently dangerous felony limitation

A

Two ways to determine if inherently dangerous
1. looking at elements of the felony in the abstract
2. looking at specific facts of the case

19
Q

Independently Felony (or merger) Limitation

A
  • Predicate felony is an integral part & included in fact in the homicide
20
Q

2 Theories for killings in the perpetration or in furtherance of a felony

A
  • Proximate cause theory
  • Agency Theory (Majority)
21
Q

Proximate Cause Theory

A

-If act by 1 felon is proximate cause of the homicidal conduct of non-felony, murder liability is permitted

22
Q

Agency Theory (Majority)

A
  • Acts of the primary party are imputed to the accomplice
23
Q

Types of MPC Homicide

A
  • Murder
  • Manslaughter
  • Negligent homicide
  • Felony Murder
24
Q

Murder MPC

A
  • purposely or knowingly (similar to 1st degree)
  • depraved heart murder (super recklessness)
  • felony murder
25
Q

Manslaughter MPC

A
  • Recklessly or
  • Undue influence of extreme mental or emotional disturbance (gross recklessness)
26
Q

Negligent Homicide

A
  • Similar to involuntary manslaughter under the CL
  • Req. gross negligence
27
Q

Felony Murder under the MPC

A
  • a type of DHM
  • enumerated felonies
    -extreme indifference to the value of human life
  • Will
28
Q

Unlimited form of Felony Murder

A
  • General Intent
  • Intent to Commit Felony
  • Actual causation

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