Homicide

Question 1

Murder (Common law)

Answer 1

Homicide committed with malice afterthought

Question 2

Categories of requisite malice

Answer 2

i. Intent to kill;
ii. Intent to commit felony that results in death;
iii. Intent to conflict brave bodily injury; or
iv. “Depraved heart” murder which is homicide with an “extremely reckless disregard for the value of human life.”

Question 3

1st degree murder

Answer 3

i. Intent (with wilful, deliberate, premeditation)

ii. Felony murders (BARRK—burglary, arson, rape, robbery, kidnapping).

Question 4

2nd degree murder

Answer 4

i. Intent (without wilful, deliberate, or premeditation)
ii. Grave bodily injury that results in death
iii. Extreme reckless disregard “depraved heart” ex. drunk driving
iv. Other felony murders (felonies not specified in the statute)

Question 5

Premeditation/Deliberation

Answer 5

i. After a period of time for prior consideration; or
ii. Any interval of time between the forming of intent and the execution, which is long enough for D to fully conscious of what he intended.

Question 6

Voluntary Manslaughter (common law)

Answer 6

is an intentional heat of passion killing;
Elements: (1) adequate provocation (words alone are never enough); (2) killing must occur in the heat of passion; with (3) no time to cool off; and there must be a (4) causal connection between the provocation, passion, and the killing.

Question 7

Rule of Provocation

Answer 7

words alone are not enough

1. Discovering spouse in bed with someone else
2. Mutual combat
3. Assault and battery
4. Relative injured

Question 8

Involuntary manslaughter

Answer 8

is either (1) a criminally negligent/reckless killing; or (2) an unintentional killing during a misdemeanor.

Question 9

The Felony Murder Rule

Answer 9

attaches when there is a death that results from the commission or attempted commission of a felony (usually 1st degree). (Only applies is the predicate felony is inherently dangerous; the killing is independent of the homicide; and killing is in furtherance of the felony).

Question 10

Rape

Answer 10

(1) sexual intercourse; (2) *by a male; (3) *with a female not his wife; (4) by means of force or threat of force; (5) without her consent.