Homicide

Question 1

CL murder definition

Answer 1

one who intentionally kills another without justification is guilty of killing with malice aforethought.

Question 2

CL malice types:

Answer 2

one of four
(1) intent to kill,
(2) intent to inflict grievous bodily injury
(3) depraved heart or
(4) intent to commit a felony during the commission or attempted commission of which a death results.

Question 3

CL 1st degree murders (definition and examples)

Answer 3

murders committed in a statutorily specified manner considered morally heinous (i.e., poison, lying in wait),
willful deliberate and premeditated,
perpetration or attempted perpetration of statutorily listed felonies (ie rape, arson, robbery, burglary).

Question 4

CL Second degree

Answer 4

All other forms of murder like unintentional without premeditation or deliberation,
intent to inflict grievous bodily injury,
depraved heart,
and death during commission of felony not listed in 1st degree statute

Question 5

CL willful, deliberate, premeditated killings (interpretation and definitions)

Answer 5

Courts interpret, as a whole to, mean intent or as individual elements.
- Willful: a specific intent to kill
- Deliberate: to measure and evaluate
- Premeditate: to think about beforehand

Question 6

CL depraved heart murder

Answer 6

(cruelty, wickedness, extreme recklessness) (knows conduct endangers the life of another and acts with conscious disregard for life)

Question 7

CL felony murder rule

Answer 7

Strict liability if requisite intent for underlying felony exists. Thus, implies malice. (some states inherently dangerous felony limitation)

Question 8

CL independent felony or merger limitation to felony murder rule

Answer 8

merging means felony murder does not apply to the case- if muder was inherent in nature to underlying felony

Question 9

CL Agency theory

Answer 9

agency required in that death occurred in furtherance of the felony. in many states to convict for felony murder. (if shopkeeper killed, not guilty)

Question 10

CL manslaughter

Answer 10

unlawful killing of a human being by another without malice aforethought.

when a person should be aware but is not aware that her conduct is very risky

Question 11

CL what is sudden heat of passion offense

Answer 11

voluntary manslaughter with provocation defense

Question 12

CL provocation defense

Answer 12

(1) acted in head of passion
(2) result of adequate provocation – for the jury
(3) must not have had a reasonable opportunity to cool off- jury and
(4) causal link between the provocation, passion, and homicide.
- If a justification victim must be provoker
- if an excuse, it doesn’t matter that victim wasn’t provoker.

Question 13

CL involuntary manslaughter

Answer 13

a homicide committed in a criminally negligent manner.
o Unintentional killing that occurs during the commission or attempt of an unlawful act not amounting to a felony sometimes constitutes involuntary manslaughter (misdemeanor manslaughter)

Question 14

MPC definition of murder

Answer 14

• If she unjustifiably and inexcusable takes the life of another purposely, knowingly, recklessly, or negligently (no year and a day rule), under circumstances manifesting extreme indifference to the value of human life.

Question 15

MPC felony murder

Answer 15

extreme recklessness is non-conclusively presumed if the homicide occurs while the actor is engaged in, or accomplice in, the commission or attempted commission of, or flight from, one of the dangerous felonies. (Kidnapping listed as dangerous)

Question 16

MPC manslaughter

Answer 16

(1) recklessly kills another or (2) kills another person under circumstances that would ordinarily constitute murder, but which homicide is committed as the result of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. (Felony in the second degree)
o Extreme mental or emotional disturbance defense (partial): IMED: requires intense feelings and reasonable explanation for EMED. The actor’s situation- handicaps but not moral values.
- Specific provocative act not required, does not need to involve injury affronted by decedent.

Question 17

MPC reckless homicide

Answer 17

a person who kills another recklessly.
o Different that manslaughter because, the recklessness must manifest extreme indifference to the value of human life. (Entitled to jury instruction for reckless manslaughter) (like voluntary manslaughter)

Question 18

MPC negligent homicide

Answer 18

felony in third degree. (would be Involuntary manslaughter)