Homicide

Question 1

[TIP] homicides means there is a

Answer 1

dead body

Question 2

two types of homicide

Answer 2

murder OR manslaughter

Question 3

4 ways to commit murder

Answer 3

1. intent to kill
2. intent to inflict serious bodily harm
3. felony murder
4. depraved heart murder

Question 4

intent to kill murder

Answer 4

premeditated killing specific intent

Question 5

intent to inflict serious bodily harm murder

Answer 5

no specific intent to kill just wanted to injure him

Question 6

[TIP] never infer specific intent to

Answer 6

kill

Question 7

felony murder

Answer 7

a death occurs while committing a dangerous felony

dangerous underlying felonies:
burglary arson rape robbery kidnapping (BARRK)

Question 8

Depraved Heart Murder

Answer 8

reckless disregard for human life recklessness = you knew or should have known that a death could occur and you acted anyway

Question 9

there are ___ types of manslaughter

Answer 9

2

Question 10

what are the 2 types of manslaughter

Answer 10

voluntary and involuntary

Question 11

Voluntary Manslaughter

Answer 11

1. adequate provocation which put you in the
2. heat of passion and you had
3. no time to cool off [//ex: you come home and find your spouse in bed with someone else//]

Question 12

[TIP] intent has nothing to do with

Answer 12

manslaughter

Question 13

[TIP] On the MBE, you are either being tested on murder or manslaughter - there is …

Answer 13

no mitigation down from murder to manslaughter they are separate

Question 14

Involuntary Manslaughter

Answer 14

negligent conduct causing a death

Question 15

for when they ask you which level of homicide it is (Involuntary Manslaughter v Depraved Heart)

Answer 15

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

Question 16

[TIP] use common law (no 1st, 2nd, 3rd degree) unless you …

Answer 16

are given a statute, then follow the statute

Question 17

Two Examples of Manslaughter (voluntary v involuntary)

Answer 17

1. Imperfect Self Defense (voluntary)
2. Parent Neglecting a Child (involuntary)

Question 18

Imperfect Self Defense (Voluntary Manslaughter)

Answer 18

someone is defending themself but using EXCESSIVE force

1. use of excessive force
2. with an honest belief they need to use it and
3. they kill somebody

guilty of voluntary manslaughter NOT MURDER!

Question 19

Parent Neglecting a Child (involuntary manslaughter)

Answer 19

parent neglecting a child:
1. parent does not give care to child and child dies

guilty of involuntary manslaughter

Question 20

homicide 6 death crimes

Answer 20

MURDER
1. intent to kill
2. intent to inflict serious bodily harm
3. felony murder
4. depraved heart

MANSLAUGHTER
1. voluntary
2. involuntary