Criminal Law - Homicide

Question 1

Murder (“common law murder”)

Answer 1

Unlawful killing with malice aforethought

Mental State:
Malice aforethought exists if there is
i) intent to kill kill;
ii) intent to inflict serious bodily injury;
iii) reckless indifference to an unjustifiably high risk to human life; or
iv) intent to commit a felony

Question 2

Deadly Weapon Rule

Answer 2

Intentional use of a deadly weapon creates an inference of an intent to kill

Question 3

Transferred Intent

Answer 3

If a defendant intends to harm one person and harms another then that intent transfers (not limited to murder).

ex. D intend to shoot and kill X, but instead shoots and kills V, D can be guilty of the murder of V (under transferred intent doctrine) and the attempted murder of X.

Question 4

Felony Murder

Answer 4

Any killing caused during the commission or attempt to commit a felony

Limitations:
D must be guilty of the felony;
felony must be inherently dangerous (Georgia any dangerous felony is ok);
merger rule applies (aggravated assault or battery cannot be underlying crimes as they are merged);
killing must take place during the commission of the felony;
victim cannot be a co-felon

Vicarious Liability:
If one of the co-felons causes the death then all are guilty. In Georgia, if any third-party causes a death during the felony all co-felons are guilty (police officer, bystander, etc.)

Question 5

First-Degree Murder

Answer 5

Any killing with premeditation and deliberation. Any other murder is second-degree.

Georgia: ALL murder is a capital offense and punishable by death or life in prison (no second-degree murder)

Question 6

Feticide - Georgia

Answer 6

Any murder to a mother that also kills a fetus at any stage of development; or

if the fetus is killed during the commission of a felony.

Question 7

Voluntary Manslaughter - 4 requirements

Answer 7

An intentional killing in the heat of passion caused by adequate provocation.

(1) a sudden and intense passion that would have arose in a reasonable person;
(2) defendant was ACTUALLY provoked;
(3) D did not have time to cool off; and
(4) D did not ACTUALLY cool off.

Voluntary manslaughter usually occurs either if someone is provoked by a serious assault or batter or witnessing an adultery.

Question 8

Involuntary Manslaughter - 2 types

Answer 8

A killing committed during the commission of a crime (not a violent felony)

A “reckless” killing

In Georgia, all misdemeanors that cause a killing are involuntary manslaughter.