Homicide

Question 1

Define: Murder

Answer 1

Causing the death of another human being with malice aforethought.

Question 2

When is death caused to be a homicide?

Answer 2

Majority Rule (and Michigan)- death may occur at any time

Common Law Rule: death must occur within one year and one day from the act

Question 3

Mental states that satisfy “malice aforethought”

Answer 3

1. Premeditation and deliberation (first-degree murder)
2. the intent to cause serious bodily injury (second-degree murder)
3. extreme recklessness (second-degree murder)
4. intent to kill without a justifiable excuse or mitigating circumstances (second-degree murder)

Question 4

What does First-Degree Murder require?

Answer 4

1. Premeditation - D thinks about it beforehand - even if only for a moment
2. Deliberation - defendant makes a choice

Question 5

Deadly weapon rule

Answer 5

the intentional use of a deadly weapon creates a permissive inference of an intent to kill

Question 6

Mens Rea for Second-Degree Murder

Answer 6

1. Intent to cause grievous bodily harm and the person dies
2. Extreme recklessness regarding homicidal risk and someone dies
3. Catchall

Question 7

Define: Catchall

Answer 7

Second-degree murder is the “default” whenever something is “murder” but not first-degree murder.

Ex: if someone unsuccessfully argues for voluntary manslaughter then it slides back to 2nd degree murder

Question 8

Felony Murder - Elements

Answer 8

(felony + death = murder)

Applies to any killing that occurs during:

1. the commission of a felony,
2. an attempt to commit a felony, or
3. a flight from a felony (but once the D reaches a place of temporal safety (ex: home) the felony ends)

Question 9

Felony Murder Limitations

Answer 9

1. The felony must be inherently dangerous
2. The purpose of the conduct has to be independent of the homcide (ex: rape, robbery, burglary, and arson)
3. The causation rule
4. Defendant must be guilty of the underlying felony
5. the death must be foreseeable
6. Redline Rule: the victim must not be a co-felon

Question 10

The Causation Rule: Proximate Cause Theory

Answer 10

a felon and the co-felons are all liable for felony murder so long as the felon “set in motion” the acts that cause the death.

Thus, a felon can still be liable if a third party (cop) commits the killing

Question 11

The Causation Rule: Agency Theory

Answer 11

felony murder does not apply if the person who causes the death is a non-felon

Question 12

Voluntary Manslaughter - Elements

Answer 12

1. An intentional killing of a human being
2. without malice aforethought
3. committed in the heat of passion
4. due to adequate provocation
   5.

Question 13

“Committed in the heat of passion” standards

Answer 13

Subjective Standard: the D did not actually cool off

Objective Standard: a person in the D’s position would not have had any time to cool off

Question 14

“due to adequate provocation” standards

Answer 14

Subjective Standard: the D himself was actually provoked

Objective Standard: the event itself would “inflame the passions of a reasonable person” and substantially impair their capacity for self-control

Ex: discovering cheating spouse, assault or battery against relative by another)

Question 15

Do mere words suffice under common law as provocation?

Answer 15

No

Exception (in MI): informational words that describe something that if witnessed firsthand would be considered adequate provocation. (Ex: “I am sleeping with your wife!”)

Question 16

Involuntary Manslaughter - Requirements

Answer 16

1. Recklessness (majority) or gross negligence (minority)
2. Killing during commission of a misdemeanor or felony that does not qualify under felony murder (ex: violation of a traffic law that results in death))