Homicide

Question 1

Common Law Murder

four forms

Answer 1

• intent to kill murder
• intent to cause grievous bodily harm
• extreme recklessness (depraved heart)
• felony murder

Question 2

common law manslaughter

Answer 2

voluntary manslaughter (ad prov, heat of passion, cooling off)

involuntary manslaughter (crim neg) (misdemeanor manslaughter)

Question 3

MPC murder

Answer 3

1. killing that occurs PURPOSELY or KNOWINGLY

2. killing caused by RECKLESSLY manifesting EXTREME INDIFFERENCE to HUMAN LIFE

Question 4

MPC manslaughter

Answer 4

1. reckless killing without extreme indifference (ordinary recklessness)
2. killling as result of EMED

Question 5

EMED

Answer 5

two part inquiry

1. was def in a state of extreme mental or emotional disturbance when he acted (subjective)
2. if so, was there a reasonable explanation or excuse for why the D was in an extremely distrubed state (quasi objective)

Question 6

MPC negligent homicide

Answer 6

gross negligence which causes death

Question 7

first degree murder

Answer 7

• specific acts (lying in wait, poison)
• felony murder with specifically enumerated felonies
• willfull act with premeditation and deliberation

Question 8

premeditation

Answer 8

quanitty of time, process of planning and thinking beforehand

Question 9

deliberation

Answer 9

evaluative process, quality of the thinking process

Question 10

second degree murder

Answer 10

• felony murder with non specifically enumerated felonies
• intent to cause grievous bodily harm
• depraved heart
• intentional killing without premed/deliberation

Question 11

felony murder doctrine

Answer 11

person is guilty of murder if death results from conduct during ocmmission or attempted comission of a felony

Question 12

limitations of felony murder doctrine

Answer 12

inherently dangerous felony

- abstract (elements only) v. applied approach

Question 13

limited felony limitation

merger doctrine

Answer 13

felony must be independent of homicde

example: aggravated battery would merge with FMD but robbery wouldn’t

Question 14

FMD killing by a non felon

Answer 14

agency approach: anyone other than person associated with the felon commits the homicidal act then the FM doctrine does not apply

proximate causation approach- one can be convicted of any death that is direct and foreseeable consequenc of the actions of those commiting felony