Homicide

Question 1

How does the c/l categorize homicide crimes?

Answer 1

(1) murder (killing with malice aforethought), includes felony murder
(2) voluntary manslaughter (murder that does not meet req’s for above OR some defense applies that brings it down here)

Question 2

Under c/l, what is required to show murder?

Answer 2

Killing done with malice aforethought, i.e. no facts reducing killing to voluntary manslaughter + one of the following degrees of intent:

• intent to kill
• intent to inflict GBH
• reckless indifference to an unjustifiable high risk to human life (“abandoned and malignant heart” or “depraved heart”)
• intent to commit felony

Question 3

How will evidence of the intentional use of a deadly weapon function wrt proof of murder elements?

Answer 3

Will function as permissive inference of intent to kill

Question 4

How do statutes in some state categorize murders?

Answer 4

(1) first degree - either/and/or (a) deliberate and premeditated - reflected on it even briefly beforehand + dispassionate + intent or knowledge that conduct would cause death, (b) felony murder - often listed as 1st degree (not states differ wrt which felonies may count), and/or (c) certain murders committed in certain ways or against certain victims (e.g. torture, cop)
(2) second degree - either (a) anything that isn’t listed in state as 1st degree, or (b) reckless indifference/depraved heart murders

Question 5

What is felony murder? What are the 5 limitations/requirements of felony murder?

Answer 5

Murder committed – accidentally or not – during the commission or attempt to commit a felony (felony need not be completed).

C/l felonies = burgary, arson, rape, etc. but statutes add more

5 limitations:

1. D must have committed or attempted to commit the underlying felony
2. felony must be distinct from killing itself (e.g. assault + killing doesnt count)
3. death must have been foreseeable result of the felony
4. death must have been caused before D leaves from felony, i.e. once they are in place of temporary safety and person dies then, they are off the hook
5. D not liable for felony murder of co-felon (most jdx’s)

Question 6

If cop kills victim of felony by accident when trying to stop felony from occurring when will felon be held liable for felony murder?

Answer 6

If jdx follows proximate-cause theory, which says that felons are liable for deaths caused by commission of actions, will be liable.

If jdx follows agency theory, which says killing must be committed by felon themselves OR their accomplice, they will not be liable.

Question 7

What is voluntary manslaughter?

Answer 7

Voluntary manslaughter is murder but with adequate provocation. Provocation is adequate if:

(1) provocation would arouse sudden and intense passion in the mind of a reasonable person + cause them to lose control (e.g. threat of deadly force)
(2) D was in fact provoked
(3) not sufficient time for D to cool off
(4) D in fact did not cool off

Note: “heat of passion” reduces murder to manslaughter NOT full defense

Note: words generally not adequate

Question 8

What is imperfect self-defense?

Answer 8

Some states have imperfect self-defense statute which allows for D to reduce murder to manslaughter even if they fail to make a self defense claim b/c they (a) attacked first/was at fault in starting altercation or (b) the D was unreasonable but honestly feared for their life/believed use of deadly force was necessary

Question 9

What is involuntary manslaughter?

Answer 9

Involuntary manslaughter is a killing committed with (a) criminal negligence (or MPC, recklessness) OR (b) during commission of unlawful act that would not constitute felony for felony murder (some states have this)

Note: recklessness requires substantial risk of death, whereas abandoned and malignant heart murder at c/l requires more, i.e. high risk of death

Question 10

What is the difference in mens rea req for involuntary manslaughter based on recklessness and abandoned/malignant heart (reckless) murder at c/l?

Answer 10

involuntary manslaughter based on recklessness requires reckless indifference to a substantial risk of death whereas abandoned heart murder requires something greater, i.e. indifference to high risk of death.

Question 11

What causation is req’d of murder?

Answer 11

D’s actions must have been (a) cause in fact and (b) proximate cause of V death.

(a) cause in fact, means but for D’s actions death would not have occurred
(b) proximate cause means that result was natural and probable result of D’s actions