Homicide Flashcards
What is the mens rea for MPC Murder?
Purposefully or Knowingly
Recklessly manifesting extreme indifference to human life
During the furtherance of a Burglary, Arson, Rape, Robbery, Kidnapping, Felonious Escape, Deviate Sexual Intercourse by Fore or Threat of force.
What are the elements of common law murder?
Unlawful killing of another human being with malice aforethought.
What establishes malice aforethought?
Malice aforethought is a term of art. Actual malice is established by an intent to kill. Malice may be implied by intent to do serious bodily injury, reckless indifference to a grave risk of death, or the intent to commit a felony (Felony Murder).
In common law, what felonies can lead to felony murder?
Inherently dangerous felonies can lead to felony murder, if someone is killed in an attempted, committed, or escaping a felony.
Under the majority view, does a death have to be a foreseeable result of the felony to establish felony murder?
Yes. The majority view is that a death must be foreseeable. Under the minority rule and modern common law, the death just has to be a cause in fact of the felony.
What are the two theories for criminal liability under felony murder?
The majority theory is the Agency theory, where defendants and co-defendants are not liable for deaths caused by third parties. (Redline)
The minority theory is the Proximate Cause theory, where the defendants are liable for any foreseeable death during a felony.
Under the modern view, what constitutes 1st degree murder?
First degree murder is killing with malice aforethought, shown by premeditation, poisoning, lying in wait, or deliberate or willful actions. Felony murder is also equated to first degree murder.
A murder that doesn’t meet 1st degree but occurs with malice aforethought is a 2nd degree murder. These are committed with a depraved heart or reckless indifference.
What mens rea can mitigate murder down to manslaughter?
Under the common law, an intentional killing without malice aforethought is mitigated to voluntary manslaughter, generally due to an objective provocation without a cooling off period.
Under the MPC, manslaughter is either when one kills with an awareness of risk and a gross deviation or conscious disregard; OR a purposeful killing with extreme mental or emotional disturbance.
What creates an involuntary manslaughter?
Under the common law, involuntary manslaughter occurs when one acts with a criminal negligence, where he should be aware of the risk but is not aware. This is a higher negligence burden that tort negligence.
Involuntary manslaughter also can be established by an unintended death during a non-felonious crime.
What is negligent homicide?
Negligent homicide exists under the MPC only, and occurs when a death results from objective criminal negligence.
What are the Overt Act tests for Attempt crimes?
Under the common law, there are 3 overt act tests. They are:
(Dangerous) Proximity Test
Equivocality (Res Ipsa Loquitur) Test
Last Act Test
Under the MPC, and the majority view, the Substantial Step Test is used to establish an overt act for attempt.
What are the common General Intent crimes, and how is General Intent established?
Rape, Arson, Battery, Involuntary Manslaughter, Depraved Heart Murder (RABID)
General intent can be inferred from the defendant’s actions and does not get the mens rea defenses of specific intent crimes.
If a defendant’s actions injure a victim who dies from poor medical care or refusing medical treatment, is the defendant criminally liable for the death?
Yes. Refusing medical care or medical malpractice is a natural and probable consequence and is considered foreseeable.
A result does not have to be likely or certain to be “natural and probable”
