Criminal Law _ Homicide Flashcards
Homicide has two types:
HOMICIDE
1) Murder OR
2) Manslaughter
AdaptiTip
Homicide means there is a dead body
There are 4 ways to commit Murder
MURDER
- Intent to Kill
- Intent to Inflict Serious Bodily Harm
- Felony Murder
- Depraved Heart Murder
Intent to Kill:
MURDER
- Premeditated Killing
- Specific Intent
Intent to Inflict Serious Bodily Harm:
MURDER
- No Specific Intent to Kill
AdaptiTip
Never infer specific intent to kill
Felony Murder:
MURDER
- A death occurs while committing a dangerous felony
Dangerous Underlying Felonies - Burglary
- Arson
- Rape
- Robbery
- Kidnapping
Depraved Heart Murder:
MURDER
- Reckless disregard for human life
Definition – Recklessness
You knew or should have known that a death could occur, and you acted anyway
There are 2 types of Manslaughter
MANSLAUGHTER
Voluntary / Involuntary Manslaughter
Voluntary Manslaughter:
MANSLAUGHTER
Voluntary Manslaughter:
1) Adequate Provocation
2) Heat of Passion
3) No time to cool off
Example:
o You come home and find your spouse in bed with someone else
AdaptiTip
Intent has nothing to do with Manslaughter
On the MBE, you are either being tested on Murder or Manslaughter. There is no mitigation
Involuntary Manslaughter:
MANSLAUGHTER
- Negligent conduct causing a death
(Hint: People)
MANSLAUGHTER
AdaptiTIp
Use { ________ }, unless you are given a statute, then follow the statute
MANSLAUGHTER
Use Common Law, unless you are given a statute, then follow the statute
MANSLAUGHTER
Examples:
Imperfect Self-Defense:
o Use of Excessive Force
o Honest Belief
o Voluntary Manslaughter
Parent Neglecting a Child:
o Parent does not give care to child
o Involuntary Manslaughter
HOMICIDE – SIX DEATH CRIMES
MANSLAUGHTER
