Criminal Homicide Flashcards
Final Prep
Types of CL homicide
- Intentional Murder
- Felony Murder
- Depraved Heart Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
Intentional Murder CL
- The killing of a human being with Malice Aforethought
1st Degree Murder
Murder that is premeditated or intentional
2nd Degree Murder
Murder not aggravated by the circumstances of 1st degree
- ex. felony murder, DHM, intentional infliction of grievous bodily harm but no intent to kill
Malice Aforethought
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
Premeditation: Broad Approach
- twinkling of an eye
- intent should’ve come into existence at time of killing or any time previously
Premeditation: Intermediate Approach
- Opportunity for some reflection on intent to kill after its formed (includes prior calculation & design)
Premeditation: Narrow Approach
- Premeditate: think about beforehand (time for 2nd look)
- Deliberate: though process undisturbed by hot blood
Voluntary Manslaughter CL
- 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
Involuntary Manslaughter CL
- no intent to kill or do GBH but committed w gross negligence
- Via the misdemeanor
For provocation to be adequate it must be
- calculated to inflame the passion of a rsbl man & tend to cause him to act for the moment from passion rather than rsn
Rules for provocation
- Heat of passion
- Adequate provocation
- Sudden heat of passion
- no time to cool
- causal connection btwn provocation, passion, & fatal act
What constitutes adequate provocation?
- Discovering spouse in sexual intercourse w other at the moment of the act
- Mutual Combat
- Assault & Battery
- Injury to Relative
- Resistance to illegal arrest
Where can D’s subj. characteristics be considered?
- was D provoked to lose self control
- ALWAYS Relevant - Gravity of Provocation
- Assess level of self-control
- 2&3 more problematic, age & gender routinely considered, more like to consider subj. characteristics
Gross Negligence CL
- substantial departure from standard of care
Felony Murder CL
- murder that occurs during commission of a felony
- strict liability
Identifying Felonies CL
- Specific Doctrines
** some jurisdictions have a combo of specific doctrines & enumerated felonies (MPC)
Inherently dangerous felony limitation
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
Independently Felony (or merger) Limitation
- Predicate felony is an integral part & included in fact in the homicide
2 Theories for killings in the perpetration or in furtherance of a felony
- Proximate cause theory
- Agency Theory (Majority)
Proximate Cause Theory
-If act by 1 felon is proximate cause of the homicidal conduct of non-felony, murder liability is permitted
Agency Theory (Majority)
- Acts of the primary party are imputed to the accomplice
Types of MPC Homicide
- Murder
- Manslaughter
- Negligent homicide
- Felony Murder
Murder MPC
- purposely or knowingly (similar to 1st degree)
- depraved heart murder (super recklessness)
- felony murder
Manslaughter MPC
- Recklessly or
- Undue influence of extreme mental or emotional disturbance (gross recklessness)
Negligent Homicide
- Similar to involuntary manslaughter under the CL
- Req. gross negligence
Felony Murder under the MPC
- a type of DHM
- enumerated felonies
-extreme indifference to the value of human life - Will
Unlimited form of Felony Murder
- General Intent
- Intent to Commit Felony
- Actual causation
