Homicide

Question 1

MURDER- Common Law (Majority)

Answer 1

1- First degree - premeditation

2- Second degree - specific intent without premeditation or adequate provocation; extreme recklessness (abandoned+ malignant heart

3 - Special treatment of felony murder

Question 2

MURDER- MPC

Answer 2

1- Purpose or knowledge

2- Extreme Recklessness (presumed with certain felonies)

Question 3

Manslaughter MPC

Answer 3

1- Recklessness

2. EMED

Question 4

Manslaughter (Common Law) Majority

Answer 4

Two categories
1. Voluntary; adequate provocation
2- Involutnary recklessness or negligence

Question 5

MURDER- Factors FOR premeditation

Answer 5

• Time and degree of reflection – longer the more likely
• The lack of passion, dispassionate nature of the killing, calm manner, suggests a rational decision, cold blooded.
• The manner of commission of the crime (aim directly at the chest)- the nature of commission indicates intentionality.
• The history between the defendant and victim (business relationship, family feud)
• The degree that the defendant controls the situation.
• The availability of alternatives to homicide. “

Question 6

MURDER- Factors AGAINST premeditation

Answer 6

• Diminished capacity.
• Provocation.
• Short amount of time.
• Sloppy, imprecise commission of a crime.
• Self-defense
• Emotion (fear, anger, etc.)”

Question 7

Francis v. Franklin

• Escaped prisoner with dental assistance hostage shot through the front door of the victim when searching for a getaway car.
o The wife and daughter didn’t give him the keys and he didn’t attempt to harm them.

• His defense was that he lacked the requisite intent to kill.
- Jury instruction error “presumed intent”.

Answer 7

Due process clause of the 14th amendment prohibits the state from using jury instructions that have the effect of relieving the state of the burden of proof. o Must prove intent beyond a reasonable doubt. No presumptions.

o Unconstitutional burden-shifting of persuasion with respect to the element of intent.

Question 7

Francis v. Franklin

• Escaped prisoner with dental assistance hostage shot through the front door of the victim when searching for a getaway car.
o The wife and daughter didn’t give him the keys and he didn’t attempt to harm them.

• His defense was that he lacked the requisite intent to kill.
- Jury instruction error “presumed intent”.

Answer 7

Due process clause of the 14th amendment prohibits the state from using jury instructions that have the effect of relieving the state of the burden of proof. o Must prove intent beyond a reasonable doubt. No presumptions.

o Unconstitutional burden-shifting of persuasion with respect to the element of intent.

Question 8

“United States v. Watson

• Must prove premeditation/deliberation
o Defendant killed a cop through a fight after he held him down and shot him in the chest.

• No set time is required but have to prove they didn’t act impulsively; “some appreciable time must elapse”.
o Premeditation and deliberation may be inferred from sufficiently probative facts and circumstances.
- The cop was pleading for his life; “it wasn’t worth it”.
- Issue was properly left to the jury. Affirmed.

• Two significant pauses in time – immobilizing the officer and when he repeated his plea.
o No hard and fast rule for timing – all fact specific.

• There was sufficient evidence from which a jury could conclude premeditation.”

Question 9

In murder, what do you need to prove premeditation/deliberation? Is there a set time for how long premeditation/deliberation needs to be?

Answer 9

“United States v. Watson

• Must prove premeditation/deliberation

• No set time is required but have to prove they didn’t act impulsively; “some appreciable time must elapse”.
o Premeditation and deliberation may be inferred from sufficiently probative facts and circumstances.
- The cop was pleading for his life; “it wasn’t worth it”.
- Issue was properly left to the jury. Affirmed.

• Two significant pauses in time – immobilizing the officer and when he repeated his plea.
o No hard and fast rule for timing – all fact specific.

• There was sufficient evidence from which a jury could conclude premeditation.”

Question 10

People v. Walker
• A group of guys were gambling, and someone wanted in on the game, after they were refused, they started threatening the group with a knife.
o D throws a brick (alone self-defense) and then kills the guy with his own knife.

Answer 10

• D wants murder reduced to manslaughter because of provocation: evidence supports voluntary manslaughter.
o Imperfect self-defense can transfer to manslaughter.

Question 11

Minority view on manslaughter instruction

Answer 11

Manslaughter instruction is appropriate even in the absence of traditional provocation if there is extreme emotional disturbance.

Question 12

MURDER- Provocation elements:

Answer 12

Provoking event (objective).
• Provocation must be adequate (subjective).
• Defendant was indeed provoked.
• No cooling off.

Question 13

“Ex Parte Fraley

The victim of the homicide had previously killed the defendant’s son 10-months ago. The defendant was trying to enact his own justice and killed his son’s killer 10 months after murder of his son.

Was this murder or voluntary manslaughter?

Answer 13

Murder- 10 months was sufficient

Question 14

People v. Wu (extreme minority view)

• The mom strangled and killed her son and attempted to kill herself.
o Cultural background – illegitimate child and thinks she can care for him better in the afterlife.
o D wants unconscious theory and cultural beliefs defense.

What happens?

Answer 14

Evidence of a defendant’s cultural background is relevant to show the defendant’s mental state regarding elements of a crime.

Question 15

Common law: Is adultery adequate provocation?

Answer 15

Yes (time may be added to cool down if it’s a long course of provocatory conduct)

Question 16

Can words be sufficient to invoke provocation? (common law)

Answer 16

No, very very very rarely

Question 17

“Commonwealth v. Welansky

• A bar burned down and killed hundreds of people; emergency exists were blocked and the owner knowingly violated the permit rules.
o Didn’t intend to kill anyone so he was charged with involuntary manslaughter.

Is that charge adequate?

Answer 17

Recklessness can be the basis for involuntary manslaughter.

Question 18

State v. Williams

• Native American couple charged with manslaughter which in this state can be based off negligence.
o Didn’t take baby to the doctor; died of gangrene after two weeks.

• D’s were afraid to go bc of child services taking other children away from non-traditional parenting/family standards.

Is involuntary manslaughter appropriate?

Answer 18

Yes, recklessness is purposely (knowingly) ignoring a danger.

Question 19

“Mayes v. The People

Drunk husband threw a beer glass and it hit the oil lamp she was carrying. It caught her on fire. The burns from the fire killed her.

The husband is charged for murder for an abandoned and malignant heart (recklessness).”

Answer 19

Extreme recklessness can support a murder charge under the common law, and because of that it is harmonized under the MPC – this is a majority rule.

Question 20

majority rule on extreme recklessness supporting a murder charge

Answer 20

Extreme recklessness can support a murder charge under the common law, and because of that it is harmonized under the MPC – this is a majority rule.

Question 21

Minority view- Manslaughter & provocation

Answer 21

Extreme recklessness can support a murder charge under the common law, and because of that it is harmonized under the MPC – this is a majority rule.

Question 22

MPC Murder (extreme recklessness)

Answer 22

MPC – Murder – Extreme Recklessness- recklessness manifesting an extreme indifference to the value of human life.

Question 23

MURDER- is transferring intent ok? (NMR)

Answer 23

Yes, intent follows the bullet. You don’t get a lower

Question 24

MPC- Murder- extreme recklessness is presumed if…

Answer 24

Homicide is during the course of listed dangerous felony. (the list of felonies is an example of extreme indifference to the value of human life)

Question 25

Felony Murder- CL MAJ/NMR

Answer 25

1) Predicate must be dangerous felony (usually listed)
2) No additional mental state required – Just intent to commit felony
3) Some nexus of connection must be shown between felony and homicide (sometimes called “foreseeability test”)
4) Confederates are liable too (majority requires foreseeability)

Question 26

In felony murder instructions, what must be shown? (nmr)

Answer 26

Must show a nexus between the felony he intended and the felony murder charge
-need a closer causal relationship; foreseeability

Question 27

NMR- Agency Rule

Answer 27

Felony murder requires that the killing be at the hands of a co-felon.
(People v. Washington)

• Two guys rob a gas station and one of the robbers was killed by the victim.
o The other defendant was charged with felony murder.

Question 28

Circumstances considered in DP?

Answer 28

DP is only for homicide and treason
*Aggravating circumstances: 
• Criminal record 
• Extent of law enforcement (attacking/killing a cop, escaping a jail, etc.).  
• Cruelty or atrocity in commission 
• Especially vulnerable victims 
• Lack of remorse 
• Posed risks to other than those killed 
• Pecuniary gain 
• Randomness in victim selection 

Mitigating circumstances: 
• Absence of criminal activity 
• Sympathetic attributes of D – impairments, emotional disturbance, etc.  
• Role in the offense 
• Age of D.

Question 29

Merger doctrine

Answer 29

“A conviction for felony murder requires that the defendant commit a collateral felony that is separate and distinct from the act which causes death.

Neither assault or manslaughter can be used to charge felony murder bc assault mergers with felony murder; can’t be the predicate felony for a felony murder charge (neither assault nor manslaughter can).

Question 30

In order to impose the death penalty, a jury must determine…

Answer 30

first, that the defendant is eligible for the death penalty and second, that the aggravating circumstances of the crime substantially outweigh the mitigating circumstances

Question 31

In the commission of a felony, can the perpetrators be liable for murder just by sending things into motion? (minority view)

Answer 31

Yes. MINORITY VIEW

Question 32

Immediate flight Multi-Factor Test: (good law) – factors to consider if its in the scope of the predicate felony - helpful within a common law or MPC jurisdiction.

Answer 32

Location - distance from crime – physical proximity (close is an indication in favor of immediate flight)

Time elapsed – the close the murder happens to the time of the crime the more of an indication)

Fruit of the Crime – if he has the goods of the robbery

In a place of temporary safety – an indication that the flight is over.

Question 33

People v. Cavitt

• 3 defendant’s robbing one of their stepmom’s for her jewelry. They tied her up and she dies from asphyxiation. They tied up the daughter to try to show that she wasn’t apart of the crime. The other two left and daughter calls the cops.
• Defendants are trying to argue that felony murder doesn’t apply.

Answer 33

Daughter is logical nexus.

Need causal relationship between felony and the homicide. Doesn’t matter who specifically killed her.

Question 34

Felonies for purposes of felony murder list:

Answer 34

arson, kidnapping, robbery, rape, burglary, felonious escape