Homicide

Question 1

CL Homicide

Answer 1

the killing of a human being by another human being

Question 2

Criminal homicide (CL)

Answer 2

the unlawful killing of a human being by another human being

Question 3

Common law murder

Answer 3

the unlawful killing of another human being with malice aforethought

Question 4

Common law manslaughter

Answer 4

the unlawful killing of another human being without malice aforethought

Question 5

MPC murder

Answer 5

a killing that is committed purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life

Question 6

MPC manslaughter

Answer 6

a killing that is committed recklessly or a killing that would otherwise be murder but is committed under extreme mental or emotional disturbance for which there is a reasonable explanation or excuse
a. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.

Question 7

Malice aforethought

Answer 7

a human endangering state of mind that includes intent to kill, intent to inflict serious bodily injury, extreme recklessness (depraved heart); or felony murder

Question 8

Willful

Answer 8

the specific intent to kill

Question 9

Premeditated

Answer 9

to think about or plan beforehand; jurisdictional split on the amount of time required; this is about QUANTITY of time

Question 10

Deliberation

Answer 10

weigh, balance, and reflect the reasons for and against a contemplated act or course of conduct; an intent to kill carried out by a defendant in a cool state of blood (free from the influence of excitement or passion); can’t deliberate if you don’t premeditate; about QUALITY of though process

Question 11

Express malice

Answer 11

Intent to kill (someone saying “I’m going to kill you”)

Question 12

Implied malice

Answer 12

-Intent to inflict serious bodily injury
-Extremely reckless disregard to the value of human life
-Intent to commit a felony and during commission a death occurs

Question 13

All criminal homicides require:

Answer 13

(1) concurrence of conduct and the requisite mental state, (2) result of death, (3) causation (actual and proximate)

Question 14

Factors to consider in WPD

Answer 14

motive, planning, acquiring weapon, type of weapon, manner of killing, nature of wounds, conduct of defendant

Question 15

1st Degree Murder

Answer 15

(1) WPD; OR
(2) Special method, manner, type (poison, lying in wait, imprisonment, starvation, nuclear weapon of mass destruction); OR
(3) Enumerated felony; OR
(4) Britny’s Law (If there’s a pattern of convicted domestic abuse)

Question 16

2nd Degree Murder (intentional and unintentional)

Answer 16

-Intentional (w/ malice, but no P & D)
-Unintentional (Extreme recklessness, proximity caused by unlawful distribution of opium or any synthetic or natural salt, compound, etc. that caused the death of the user)

Question 17

All homicides require:

Answer 17

(1) concurrence of the elements, (2) result of death, and (3) causation (actual and proximate)

Question 18

3 different ways to get to voluntary manslaughter from murder

Answer 18

(1) provocation/heat of passion,
(2) imperfect self-defense (e.g., amount of force was disproportionate),
(3) diminished capacity (e.g., less culpable because of lower cognitive abilities)

Question 19

Adequate provocation

Answer 19

(1) legally adequate provocation (2) defendant was actually provoked (3) without time to cool off
1. Whether or not a person of average disposition would be induced to react from passion and not from judgment

Question 20

How to prove intent to kill

Answer 20

Prosecutor must prove beyond a reasonable doubt that the defendant formed the actual intent to kill another person (subjective fault) by satisfying the following: (1) ordinary people intend the natural and probable (foreseeable) consequences of their actions; (2) the defendant is an ordinary person; and (3) therefore, she intended the natural and probable consequences of her actions

Question 21

Deadly Weapon Rule (CL)

Answer 21

when defendant intentionally uses a deadly weapon directed at a vital part of the human anatomy, an intent to kill may be properly inferred

Question 22

What are the ways to remove the intent to kill?

Answer 22

justification, excuse, or mitigating circumstance

Question 23

Grievous bodily injury (CL)

Answer 23

grave injury (not trivial) and gives rise to apprehension of danger to life, health, or limb

Question 24

Depraved heart

Answer 24

Actor lacks the intent to kill, but malice is implied because the defendant’s conduct manifested extreme recklessness that demonstrates an extreme indifference to the value of human life

Question 25

Reckless Killing (CL)

Answer 25

when person consciously disregards a substantial and unjustifiable risk to human life; when the risk of death to one or more persons is great and especially if the justification of taking the risk is weak or nonexistent

Question 26

Negligent Killing (CL)

Answer 26

when a person should be but is not aware that her conduct is very risky (and unjustifiably so)

Question 27

Felony Murder

Answer 27

one is guilty of murder if a death results from conduct during the commission or attempted commission of a felony (applies whether felon kills victim intentionally, recklessly, negligently, or unforeseeably, or accidentally)

Question 28

Limits on felony murder (5)

Answer 28

-Enumeration -Inherently Dangerous Felony: looks at elements of offense in the abstract -Independent Felony/Merger: the felony that forms the basis of the felony murder charge must be independent of the homicide -In Furtherance of the Felony -Res Gesta Limits

Question 29

Merger Limitation/Independent Felony

Answer 29

If the felony is not independent, then the felony is said to "merge" with the homicide and can't serve as the basis for a felony murder conviction (ex: assault merges, robbery larceny doesn't)

Question 30

Res Gestae Requirement

Answer 30

the felony murder rule applies while the felon flees the scene until she reaches a place of temporary safety (Denny's); consider when the killing conduct ensued, not when the actual death occurred; there must be a causal element between the homicidal act and the felony

Question 31

Provocation

Answer 31

To use this defense, the following must be present: (1) the actor must have acted in the heat of passion; (2) the passion must have been the result of adequate provocation; (3) the actor must not have had a reasonable opportunity to cool off; and (4) there must be a causal link between the provocation, the passion, and the homicide

Question 32

involuntary manslaughter

Answer 32

an accidental or unintentional killing resulting from criminal negligence

Question 33

voluntary manslaughter

Answer 33

intentional, sudden killing based on adequate provocation

Question 34

Deadly Weapon (MPC)

Answer 34

"any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury"

Question 35

Criminal Homicide (MPC)

Answer 35

causing the death of another human being purposely, knowingly, recklessly, or negligently; criminal homicide is either murder, manslaughter, or negligent homicide