Homicide Flashcards
[TIP] homicides means there is a
dead body
two types of homicide
murder OR manslaughter
4 ways to commit murder
- intent to kill
- intent to inflict serious bodily harm
- felony murder
- depraved heart murder
intent to kill murder
premeditated killing specific intent
intent to inflict serious bodily harm murder
no specific intent to kill just wanted to injure him
[TIP] never infer specific intent to
kill
felony murder
a death occurs while committing a dangerous felony
dangerous underlying felonies:
burglary arson rape robbery kidnapping (BARRK)
Depraved Heart Murder
reckless disregard for human life recklessness = you knew or should have known that a death could occur and you acted anyway
there are ___ types of manslaughter
2
what are the 2 types of manslaughter
voluntary and involuntary
Voluntary Manslaughter
- adequate provocation which put you in the
- heat of passion and you had
- no time to cool off [//ex: you come home and find your spouse in bed with someone else//]
[TIP] intent has nothing to do with
manslaughter
[TIP] On the MBE, you are either being tested on murder or manslaughter - there is …
no mitigation down from murder to manslaughter they are separate
Involuntary Manslaughter
negligent conduct causing a death
for when they ask you which level of homicide it is (Involuntary Manslaughter v Depraved Heart)
involuntary manslaughter = NEGLIGENCE and NO people present ex: bowling ball drop into river at 4 AM
depraved heart murder = RECKLESSNESS and people present ex: bowling ball drop onto 5th ave
[TIP] use common law (no 1st, 2nd, 3rd degree) unless you …
are given a statute, then follow the statute
Two Examples of Manslaughter (voluntary v involuntary)
- Imperfect Self Defense (voluntary)
- Parent Neglecting a Child (involuntary)
Imperfect Self Defense (Voluntary Manslaughter)
someone is defending themself but using EXCESSIVE force
- use of excessive force
- with an honest belief they need to use it and
- they kill somebody
guilty of voluntary manslaughter NOT MURDER!
Parent Neglecting a Child (involuntary manslaughter)
parent neglecting a child:
1. parent does not give care to child and child dies
guilty of involuntary manslaughter
homicide 6 death crimes
MURDER
1. intent to kill
2. intent to inflict serious bodily harm
3. felony murder
4. depraved heart
MANSLAUGHTER
1. voluntary
2. involuntary
