criminal homicide

Question 1

Murder

Answer 1

An unlawful killing of a human being by another human being with malice aforethought

Question 2

Express malice

Answer 2

intent to kill

Question 3

Implied malice

Answer 3

• intent to inflict grievous bodily injury
• an extremely reckless disregard for the value of human life- “depraved heart”
• intent to commit any felony during the commission or attempted commission of which a death accidentally occurs - “felony murder”

Question 4

voluntary manslaughter

Answer 4

An intentionally, unjustified, inexcusable killing committed in sudden heat of passion as the result of adequate provocation

Question 5

depraved heart

Answer 5

extreme recklessness with respect to risking human life

Question 6

felony-murder

Answer 6

a person is guilty of murder if she kills another person during the commission or attempted commission of an unlawful act that does not otherwise trigger the felony-murder rule. It is strict-liability.

Question 7

limitations on felony-murder (depends on jurisdiction)

Answer 7

• independent felony: felony murder only arises if the killing is factually separate from the conduct that constitutes the felony
  -inherently dangerous: no liability for felony murder unless they are inherently dangerous.

Question 8

adequate provocation

Answer 8

Defense to murder to bring it down to voluntary manslaughter.
- words alone are not sufficient

Elements:
1. Adequate provocation
2. State of passion
3. Suddenness
4. Causal Connection

Question 9

involuntary manslaughter

Answer 9

killing of someone negligently or recklessly

Question 10

common law manslaughter (misdemeanor)

Answer 10

unlawful killing of a human being by another without malice aforethought