Homicide

Question 1

Homicide

Answer 1

Homicide = there’s a dead body

TWO types of Homicide:

1) Murder

OR

2) Manslaughter

Question 2

What are the ways to commit Murder?

Answer 2

= there are FOUR types of Murder:

1. Intent to Kill
2. Intent to Inflict Serious Bodily Harm
3. Felony Murder
4. Depraved Heart Murder

Question 3

Intent to Kill

Answer 3

= type of Murder → RULE:

(1) premeditated killing, AND
(2) specific intent to kill

*TIP: NEVER infer there’s a Specific Intent to kill - Facts will clearly indicate whether there was specific intent

Question 4

Intent to Inflict Serious Bodily Harm

Answer 4

= type of Murder → RULE: Perp had intent to do serious (“grievous”) bodily harm, but ultimately causes the Victim to die** despite **NO intent to kill

E.g., Jon wants to break Dan Marino’s legs with baseball bat.

*TIP: NEVER infer there’s a Specific Intent to kill - Facts will clearly indicate whether there was specific intent

Question 5

Felony Murder

Answer 5

= type of Murder → RULE: while Perp is committing a dangerous felony, a death occurs

“dangerous felony” = these crimes:

1. Burglary
2. Arson
3. Rape
4. Robbery
5. Kidnapping

Question 6

Depraved Heart Murder

Answer 6

= type of Murder → RULE: Perp acted with reckless disregard to an unjustifiably high risk to human life, and a death occurs

“reckless” = Perp knew OR should’ve known that someone could die, and Perp did it anyway

Question 7

What are the ways to commit Manslaughter?

Answer 7

= there are TWO types of Manslaughter:

1. Voluntary Manslaughter
2. Involuntary Manslaughter

Question 8

Does Manslaughter require Intent?

Answer 8

= NO – Intent has NOTHING to do with Manslaughter!!!!

(for Defenses, Manslaughter is a General Intent crime)

Question 9

Voluntary Manslaughter

Answer 9

= RULE:

1) Adequate Provocation which put Perp in the…
2) Heat of Passion, AND
3) Perp had no time to cool off

E.g., Perp comes home and finds wife in bed with another man. Perp whacks the man on the head with a lamp, killing man.

*Imperfect Self-Defense = another form of Voluntary Manslaughter

**for Defenses, Voluntary Manslaughter is a General Intent crime

Question 10

Involuntary Manslaughter

Answer 10

= negligent conduct causing a death

*Parent Neglecting a Child = another form of Involuntary Manslaughter

**for Defenses, Involuntary Manslaughter is a General Intent crime

Question 11

What’s the difference b/t…

Depraved Heart Murder vs. Involuntary Manslaughter?

Answer 11

• Depraved Heart Murder → “recklessness” = PEOPLE are present
  
  • “reckless” = Perp knew OR should’ve known that people could die, and Perp did it anyway
  • E.g., At noon, Perp drops bowling ball off Empire State Building onto 5th Ave. to see if it would bounce. There were many people walking below, and the bowling ball killed one.
• Involuntary Manslaughter → “negligence” = NO PEOPLE are present
  
  • E.g., At midnight, Perp drops bowling ball off Brooklyn Bridge into River to see how big the splash would be. A barge passed underneath and the bowling ball killed the captain.

Question 12

Imperfect Self-Defense

Answer 12

Imperfect Self-Defense is… → Voluntary Manslaughter

RULE: a Person…

(1) is using excessive force** to **defend himself,
(2) he honestly believes** this is the **only way he can do it, AND
(3) he ends up killing person he was defending himself from

Question 13

Parent Neglecting a Child

Answer 13

Parent Neglecting a Child is… → Involuntary Manslaughter

= when a parent does not give care to his child

E.g., parent doesn’t give child medicine, surgery, treatment, etc. & child dies