Homicide

Question 1

Homicide Offenses

Answer 1

1. Capital Murder
2. First Degree Murder
3. Second Degree Murder
4. Felony Murder
5. Felony Homicide

Question 2

Capital Murder

Answer 2

Willful, deliberate, and premeditated murder committed under 14 different aggravating circumstances.

Question 3

First Degree Murder

Answer 3

• Poison
• Lying in wait
• Imprisonment
• Starvation; or
• Any willful, deliberate, and premeditated killing that does not fall within capital murder.

Question 4

Second Degree Murder

Answer 4

• All murder is presumed to be second degree murder.
• The burden is on the prosecution to elevate it to first degree or capital murder
• The burden is on the defense to reduce it to manslaughter.
• Second degree murder consists of all murder that is neither capital nor first degree.

Question 5

Felony Murder

Answer 5

Any murder committed, whether intentional or accidental, during the commission of or during an attempt to commit: 
•	Arson 
•	Rape 
•	Forcible sodomy 
•	Robbery 
•	Burglary 
•	Abduction 
•	Inanimate/animate object sexual penetration

Question 6

Felony Murder Treatment

Answer 6

Treated as first degree murder

Question 7

Felony Murder Causation

Answer 7

• A death that results not from actions of the felon, or
• From acts directly calculated to further the felony or necessitated by the felony,
• But from circumstances coincident to the felony, is not a felony murder.

Question 8

Felony Homicide

Answer 8

1. The accidental killing
2. Contrary to the intention of the parties
3. While committing some non-enumerated felonious act.

Question 9

Felony Homicide Causation

Answer 9

In determining whether a felony homicide has been committed, the critical factor is the existence of a causal connection between the felony and the accidental killing.

Question 10

Voluntary Manslaughter

Answer 10

• Unlawful killing without malice (heat of passion)
• E.g. A killing committed during mutual combat, in the heat of which the defendant struck a blow that killed the decedent.

Question 11

Involuntary Manslaughter

Answer 11

A killing of one accidentally, contrary to the intention of the parties, either:
• During the performance of some unlawful but not felonious act; or
• During the performance of a lawful act amounting to criminal negligence.