Criminal Law -- Homicide Flashcards
First Degree Murder
- Homicide with the premeditated and deliberate intent to kill.
- Felony Murder: Homicide during the commission of an inherently dangerous felony.
Define: Premeditation
If D had time (even for a few seconds) to think ab killing the V before doing so.
Define: Deliberate
Negated by?
D acted in a calm and cool frame of mind (“cold blooded”).
Negated if D was at all angry, excited or suffering a mental disturbance.
Define: Second Degree Murder
A killing done without premeditation and deliberation.
another definition: All other murders that do not qualify as First Degree.
Can a Depraved Heart Murder be First Degree?
No. At most these are Second Degree under state statutes.
Define: Voluntary Manslaughter
Voluntary Manslaughter is a killing that would otherwise be murder but is distinguishable from murder by ADEQUATE PROVOCATION.
(Mitigation)
Another definition:
Killing without malice, justification or excuse, but with mitigation.
Define: Involuntary Manslaughter
Unintentional killing.
Another definition: Criminally negligent killing of another, or killing by unlawful act.
Another definition: Killing without malice, justification or excuse.
What is the M’Naghten Test?
Insanity Test. [D is NL for homicide if]
He had a DISEASE OF THE MIND such that he
1) did not understand the NATURE AND QUALITY of his actions, or
2) he DID NOT KNOW THE WRONGFULNESS of his actions.
What is the Irresistible Impulse Test?
Insanity Test. D is NL for homicide if:
He is unable to control an IRRESISTIBLE impulse, or to CONFORM HIS CONDUCT to the law.
What is the ALI/ Model Penal Code Test?
Combines M’Naghten and Irresistible Impulse.
Lacked SUBSTANTIAL CAPACITY either to understand the CRIMINALITY OF HIS CONDUCT or to CONFORM HIS CONDUCT to the law.
What is the Durham Test?
“BUT FOR” D’s MENTAL DISEASE OR DEFECT, he would not have killed V.
Is Duress or Necessity a defense in a homicide case?
No.
Does VOLUNTARY INTOXICATION serve as a defense to First Degree Murder?
Second degree murder?
YES– VOLUNTARY intoxication is a defense to First Degree Murder, since it is a specific intent crime.
NO – VOLUNTARY Intoxication is not a defense to Second Degree Murder, since it is a general intent crime (requires only malice aforethought).
Does INVOLUNTARY INTOXICATION serve as a defense to First Degree Murder?
Second degree murder?
Yes INVOLUNTARY INTOXICATION is a defense to First and Second Degree murder.
Are “mere words” adequate provocation?
at CL, mere words were not adequate provocation.
Modern courts are more reluctant to take the Q from the jury as to whether mere words constitute adequate provocation.
