Homicide Flashcards
CL Homicide
the killing of a human being by another human being
Criminal homicide (CL)
the unlawful killing of a human being by another human being
Common law murder
the unlawful killing of another human being with malice aforethought
Common law manslaughter
the unlawful killing of another human being without malice aforethought
MPC murder
a killing that is committed purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life
MPC manslaughter
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.
Malice aforethought
a human endangering state of mind that includes intent to kill, intent to inflict serious bodily injury, extreme recklessness (depraved heart); or felony murder
Willful
the specific intent to kill
Premeditated
to think about or plan beforehand; jurisdictional split on the amount of time required; this is about QUANTITY of time
Deliberation
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
Express malice
Intent to kill (someone saying “I’m going to kill you”)
Implied malice
-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
All criminal homicides require:
(1) concurrence of conduct and the requisite mental state, (2) result of death, (3) causation (actual and proximate)
Factors to consider in WPD
motive, planning, acquiring weapon, type of weapon, manner of killing, nature of wounds, conduct of defendant
1st Degree Murder
(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)
2nd Degree Murder (intentional and unintentional)
-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)
All homicides require:
(1) concurrence of the elements, (2) result of death, and (3) causation (actual and proximate)
3 different ways to get to voluntary manslaughter from murder
(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)
Adequate provocation
(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
How to prove intent to kill
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
Deadly Weapon Rule (CL)
when defendant intentionally uses a deadly weapon directed at a vital part of the human anatomy, an intent to kill may be properly inferred
What are the ways to remove the intent to kill?
justification, excuse, or mitigating circumstance
Grievous bodily injury (CL)
grave injury (not trivial) and gives rise to apprehension of danger to life, health, or limb
Depraved heart
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
Reckless Killing (CL)
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
Negligent Killing (CL)
when a person should be but is not aware that her conduct is very risky (and unjustifiably so)
Felony Murder
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)
Limits on felony murder (5)
-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
Merger Limitation/Independent Felony
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)
Res Gestae Requirement
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
Provocation
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
involuntary manslaughter
an accidental or unintentional killing resulting from criminal negligence
voluntary manslaughter
intentional, sudden killing based on adequate provocation
Deadly Weapon (MPC)
“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”
Criminal Homicide (MPC)
causing the death of another human being purposely, knowingly, recklessly, or negligently; criminal homicide is either murder, manslaughter, or negligent homicide
