Homicide

Question 1

Criminal Homicide

Answer 1

The killing of another human being without justification or excuse.

Question 2

Murder (C/L)

Answer 2

The unlawful killing of another human being with malice aforethought

Question 3

Malice Aforethought Meanings

Answer 3

Intent to Kill

Intent to Cause Grievous Bodily Harm

Depraved-Heart Murder

Felony-Murder Rule (Intent to Commit a Felony)

Question 4

FIRST DEGREE MURDER

Answer 4

In jurisdictions that grade murder by degrees, first-degree murder typically includes “willful, deliberate, premeditated” killings within its definition.

“[W]illful, deliberate, premeditated” does NOT mean intentional (otherwise there would be no difference between first and second degree murder).

Question 5

DELIBERATE

Answer 5

To evaluate and reflect on (e.g. weigh the pros and cons of) one’s choice with a cool, calm, mind.

Question 6

PREMEDITATE

Answer 6

To think about before hand (but for how long?)

See, e.g. Guthrie vs. Morrin (There needs to be enough time for the actor to consider and be fully conscious of what they’re intending to do (that is, to kill))).

Question 7

INTENT TO KILL

Answer 7

Includes the awareness that the death of another would result from one’s actions, even if that actor had no particular desire to achieve such a consequence.

Intentional or knowing homicide is murder unless the actor killed in the heat of passion engendered by adequate provocation (manslaughter).

Question 8

DEADLY WEAPON RULE

Question 9

INTENT TO CAUSE GRIEVOUS BODILY HARM

Answer 9

Knowledge that conduct would cause serious bodily injury is generally assimilated to intent and deemed sufficient for murder if death of another actually results.

Question 10

DEPRAVED-HEART MURDER

Answer 10

Extreme recklessness regarding homicidal risk.

A person might be liable for murder absent of any intent to kill or injure if he caused the death in a manner exhibiting a “wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty.”

Question 11

FELONY-MURDER RULE (INTENT TO COMMIT A FELONY)

Answer 11

If a death results from an actor’s conduct while he is committing or attempting to commit a felony, the actor is guilty of murder. Essentially imposes strict liability for deaths occurring in the course of felony commission/attempt.

Question 12

AGENCY APPROACH

Answer 12

Majority approach.

The felony-murder doctrine does not apply if the person who directly causes the death is a non-felon.

Question 13

PROXIMATE CAUSE APPROACH

Answer 13

Minority approach.

A felon may be held responsible under the felony-murder rule for a killing committed by a non-felon if the felon set in motion the acts which resulted in the victim’s death.

Question 14

F-MR JUSTIFICATIONS

Answer 14

Deterrence

Transferred Intent

Retribution (general culpability grounds (life is valuable. Felonies that result in death deserve harsher punishment)

Denunciation

Efficiency

Simplicity

Easing prosecutorial burden

Question 15

F-MR CRITIQUES

Answer 15

Unfairness (retributivism)

Skepticism of deterrence claims

Gap in logic re: transferred intent

Outdated

Question 16

F-MR LIMITATIONS

Answer 16

Inherently Dangerous Felony

Independent Felony/Merger

Killings “in the Perpetration” or “in Furtherance” of a Felony

Res Gestae Requirement

Question 17

FACTS-OF-THE-CASE TEST

Answer 17

Where jurisdicitons that limit the felony-murder rule to dangerous felonies consider the manner in which the felony was perpetuated in the case at bar.

Question 18

INHERENTLY DANGEROUS FELONY

Answer 18

Felony-murder rule only applies to inherently dangerous felonies.

In-the-abstract vs. facts-of-the-case tests.

Question 19

IN-THE-ABSTRACT TEST

Answer 19

Where jurisdictions that limit the felony-murder rule to dangerous felonies solely look at the elements of the offense as defined.

A felony is inherently dangerous if the felony CANNOT be committed without creating a substantial risk that someone will be killed.

Question 20

INDEPENDENT FELONY/MERGER

Answer 20

Where felony-murder rule does NOT apply.

(1) Is the felony an integral part of and included in fact within the homicide (Ireland) (is the felony part and parcel of what homicide is; can you [insert felony] them to death)? If not, no merger.
If yes, proceed to (2)

(2) Did the homicide result from conduct with an independent felonious purpose (as opposed to a single course of conduct with a single purpose) (Burton)? If yes, no merger. In no, merger.

Question 21

PERPETRATION/FURTHERANCE OF A FELONY

Answer 21

Felony-murder rule applies when homicide is the proximate result of the predicate felony under the Proximate Causation Approach (regardless of who engaged in the homicidal conduct).

Question 22

RES GESTAE

Answer 22

The homicide must be in relative proximity to the underlying felony for the felony-murder rule to apply.

Requirements are generally satisfied if predicate felony and homicide are part of “one continuous transaction.”

Actual and proximate causation.

Question 23

MANSLAUGHTER

Answer 23

Killings committed in the “heat of passion,” engendered by adequate provocation. The unlawful killing of another human being without malice aforethought.

Question 24

MISDEMEANOR MANSLAUGHTER

Answer 24

A principle that stipulates that death occurring during the commission of a misdemeanor or sometimes a non-dangerous felony is involuntary manslaughter.

Thiis principle has been abolished by some states and the MPC.

Question 25

INVOLUNTARY MANSLAUGHTER / NEGLIGENT HOMICIDE

Answer 25

Unintentional killings. Homicide committed with criminal negligence (i.e. a GROSS deviation from the standard of care a reasonable person would exercise if they were in the actors situation).

Focus on actor’s lack of awareness of risk of death, degree of risk, how reasonable person would have acted in actor’s situation with respect to risk, when a reasonable person would have been put on notice about risk.

Question 26

RECKLESS HOMICIDE

Answer 26

Focus on actor’s subjective awareness of risk of death, degree of risk, reasons for taking risk despite this awareness, how reasonable person would have acted in the actor’s situation with respect to risk of death.

Question 27

IMPLIED MALICE

Answer 27

When the killing is proximately caused by “an act, the natural consequences of which are dangerous to life, which act was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.”

Question 28

EXPRESS MALICE

Answer 28

When there is manifested a deliberate intention to take away the life of a fellow creature (human).

Question 29

PROVOCATION DEFENSE

Answer 29

Murder is mitigated to voluntary manslaughter if there existed adequate provocation, defendant acted in sudden heat of passion, did not have an opportunity to “cool off,” and causal link existed between provocation, passion, and killing (see Girouard).

Question 30

WORDS ALONE DOCTRINE

Answer 30

Words alone are not sufficient (common law rule, NOT MPC rule).

Words can constitute adequate provocation if they are accompanied by conduct indicating a present INTENTION and ABILITY to cause the defendant bodily harm.

Question 31

EXTREME MENTAL OR EMOTIONAL DISTURBANCE DEFENSE (EMED)

Answer 31

From MPC, not common law.

Much broader than common law provocation defense (permits manslaughter instruction in larger number of circumstances)

 Allows words alone
 Standard allows for more “subjectivization”
 No cooling off rule (timing implications)
 No specific provocative event needed
 No “misdirected retaliation” rule

Question 32

EMED: QUESTIONS FOR THE FACTFINDER

Answer 32

(1) Did the defendant act under the influence of an extreme emotional disturbance? (subjective inquiry—assess solely from the defendant’s viewpoint)
* If yes, proceed to question (2)

(2) Is there a reasonable explanation or excuse for the extreme emotional disturbance? (objective-subjective inquiry)

Question 33

PENNSYLVANIA MODEL

Answer 33

Murder in Degrees

FIRST DEGREE MURDER
- Intent (purpose) to kill + specifiifd manner of killing
- Intent to kill + willful, deliberate, and premeditated
- Felony murder with enumerated (specifically mentioned) felony

SECOND DEGREE MURDER
- Felony murder

MANSLAUGHTER
- Voluntary (heat of passion)
- Involuntary (criminal negligence)