Criminal Homicide (Ch. 5)

Question 1

aforethought

Answer 1

originally meant that the intent to kill had to be thought out in advance, but today the word has lost all its meaning.

Question 2

CA Penal Code Section 189

Answer 2

defines felony murder and lists the crimes which are a part of felony murder.

Question 3

implied malice

Answer 3

no intent to kill at all, but there is still technically “malice.”

Question 4

5 meanings of malice

Answer 4

intent to kill, intent to cause grievous bodily injury, depraved heart, felony murder, and provocative act murder.

Question 5

depraved heart murder

Answer 5

defendant engaged in conduct that was extremely dangerous to human life, was aware of the risk to human life, and consciously disregarded that risk. No social justification for the conduct.

Question 6

provocative act murder

Answer 6

applies when two or more individuals perpetrate a crime and a police officer or the victim fights back and kills one of the perpetrators. The surviving perpetrator(s) can be hold liable for the death of their partner in crime.

Question 7

What was the first state to divide murder into degrees?

Answer 7

Pennsylvania in 1794.

Question 8

What are the seven types of first degree murder in CA?

Answer 8

(1)willful, deliberate, and premediatated, (2) felony murder (that IS listed in Section 189), (3) torture murder, (4)lying in wait, (5) murder by poison, (6) drive by shooting, and (7) explosives or armor penetrating ammunition.

Question 9

elements of torture murder

Answer 9

(1) acts causing death that involve a high degree of probability of the victim’s death, (2) a willful, deliberate and premeditated intent to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or another sadistic purpose.

Question 10

Requirements for lying in wait

Answer 10

D must conceal her purpose, there must be a substantial period of watching and waiting for the opportune moment to attack, and there must be a surprise attack on the unsuspecting victim from a position of advantage.

Question 11

What are the four types of second degree murder in CA?

Answer 11

(1) depraved heart murder, (2) intent to kill with sufficient provocation, (3) intent to kill without premeditation/deliberation, and (4) felony murder (not listed in Section 189, but still inherently dangerous to human life).

Question 12

What is the dividing line between first degree and second degree intent to kill murder?

Answer 12

deliberation and premeditation.

Question 13

What is the required mens rea for felony murder?

Answer 13

None, felony murder is strict liability.

Question 14

If the felony isn’t listed in 189 and isn’t inherently dangerous to human life…

Answer 14

there can be no felony murder prosecution.

Question 15

Facts of the case approach to IDHL

Answer 15

looks at how the crime was committed, and whether those actions were IDHL.

Question 16

Felony in the abstract approach to IDHL

Answer 16

(uesd in CA) ignores how the crime was committed, and instead looks at the elements of the felony and asks whether there is a way to commit the felony without it being IDHL. If so, the felony is NOT IDHL.

Question 17

If the non-listed felony is IDHL, what is the last step in the felony murder analysis?

Answer 17

To ask whether the felony merges into homicide. It merges if it is assaultive in nature, and if it does merge there can be no felony murder prosecution.

Question 18

continuous-transaction doctrine

Answer 18

says that a felony may continue beyond the termination of the felony itself for purposes of a death in the aftermath of the felony, provided that the felony and the act resulting in death are one continuous transaction.

Question 19

five types of voluntary manslaughter in CA

Answer 19

(1) intentional killing in the heat of passion on adequate provocation, (2) unintentional killing with conscious disregard for the danger to human life and knowledge that the conduct endangers the life an another on a sudden quarrel or heat of passion, (3) felony killing that merges, (4) intentional killing in imperfect self defense, and (5) unintentional killing in imperfect self defense with reckless disregard for human life.

Question 20

seven types of involuntary manslaughter in CA

Answer 20

(1) misdemeanor manslaughter, (2) a death that occurs in the commission of a lawful act which might produce death, in an unlawful manner, (3) negligent manslaughter, (4) felony killing that isn’t IDHL, (5) killing while unconscious due to voluntary intoxication, (6) unintentional killing in imperfect self defense where D doesn’t consciously disregard human life, and (7) vehicular mansluaghter.

Question 21

Acceptable provocations for voluntary heat of passion manslaughter

Answer 21

violent battern, mutual combat, illegal arrest, adultery, (according to some courts) assault, and injury to close relative. Insulting words, no matter how insulting, are not enough.

Question 22

two phases of a death penalty case

Answer 22

guilt phase and penalty phase