Homicide

Question 1

Definition of Murder

Answer 1

The unlawful killing of a human being with malice aforethought.

Question 2

Define Malice Aforethought

Answer 2

Malice aforethought exists if it was committed with one of the following states of mind:
* Intent to kill
* Intent to inflict great bodily injury
* Reckless indifference to an unjustifiably high risk to human life
(“abandoned and malignant heart” or “depraved heart”); or
* Intent to commit a felony (felony murder)

MAKE SURE there are no facts reducing the killing to voluntary manslaughter or excusing it

Question 3

Inference of an Intent to Kill

Answer 3

Intentional use of a deadly weapon authorizes a permissive inference of an intent to kill.

Question 4

Types of Degree Murder

Answer 4

Deliberate and Premeditated First Degree Murder
- First Degree Felony Murder
- By statute, killings performed in certain ways (e.g., by torture)
- Many states: homicide of a police officer if D knew the victim was a law enforcement and was acting in the line of duty

Second Degree Murder
- Depraved heart killing (a killing done with a reckless indifference to an unjustifiably high risk to human life)
- Any murder not classified as a first degree murder.

Question 5

Deliberate and Premeditated First Degree Murder

Answer 5

The defendant must have acted with intent or knowledge that their conduct would cause death.

Question 6

Defenses to Premeditated, First Degree Murder

Answer 6

This crime requires a specific intent, which may be negated by the defense of voluntary intoxication.
- Mitigates to second degree or common law murder (reckless indifference to human life.)

Question 7

First Degree Felony Murder

Answer 7

Any death (even accidental ones) caused in the commission of, or in an attempt to commit, a felony is murder.

Malice is implied from the intent to commit the underlying felony.

Common felonies: Burglary, arson, rape, robbery, and kidnapping
BUT can be other felonies that are inherently dangerous to human life

Question 8

Second Degree Murder

Answer 8

Second degree murder is usually classified as a depraved heart killing (a killing done with a reckless indifference to an unjustifiably high risk to human life) or any murder that is not classified as a first degree murder.

Question 9

Limitations on Liability for Felony Murder

Answer 9

(1) A defense that negates an element of the underlying felony will also be a defense to felony murder.

(2) The felony must be distinct from the killing itself (i,e., battery that causes death cannot be an underlying feolny).

(3) Death must have been a foreseeable result of the felony

(4) The death must have been caused before the defendant’s
“immediate flight” from the felony ended. Once the felon has
reached a place of “temporary safety,” subsequent deaths are not
felony murder.

(5) Most jurisdictions: D is not liable for felony murder when a co-felon is killed during felony by police or victim.

Question 10

Proximate Cause Theory of Felony Murder

Answer 10

Felons are liable for the deaths of innocent victims caused by someone other than a co-felon.

E.g., a police officer fires a gun at the felons but accidentally hits a pedestrian

Question 11

Agency Theory of Felony Murder

Answer 11

The killing must be committed by a felon or their “agent” (accomplice). This means that is a police officer accidentally kills a bystander, felons will not be liable for felony murder under Agency Theory.

Exception: where the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place.

Question 12

Voluntary Manslaughter

Answer 12

Voluntary manslaughter is a killing that would be murder but for the existence of adequate provocation.

Question 13

What is Adequate Provocation for Voluntary Manslaughter

Answer 13

1) The provocation would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control,

2) The defendant was in fact provoked,

3) There was not sufficient time between provocation and the killing for passions of a reasonable person to cool, and

4) The defendant in fact did not cool off

Question 14

Imperfect Self-Defense

Answer 14

Murder may be reduced to manslaughter even though:
(1) the defendant was at fault in starting the altercation, or
(2) the defendant unreasonably but honestly believed in the necessity of responding with deadly force

Question 15

Involuntary Manslaughter

Answer 15

A killing is involuntary manslaughter if it was committed:

(1) With criminal negligence (or by “recklessness” under the M.P.C.), or

(2) In some states, during the commission of an unlawful act (misdemeanor or felony not included within felony murder rule).

Foreseeability of death also may be a requirement.

Question 16

Involuntary Manslaughter or Abandoned Heart Murder?

Answer 16

Abandoned heart murder at common law involves a high risk of death

Involuntary manslaughter based on recklessness requires only a substantial risk

Question 17

Causation for Murder

Answer 17

Defendant’s conduct must be both the cause-in-fact and the proximate cause of the victim’s death.

Cause-in-fact: result would not have occurred BUT FOR the defendant’s conduct
Proximate Cause: the result is a natural and probable consequence of the conduct

Question 18

Two Limitations on Causation

Answer 18

Year and a Day Rule: The death of the victim must occur within one year and one day from infliction of the injury or wound (most states have abolished)

Intervening Acts: Shields the defendant from liability if the act is a coincidence or is outside the foreseeable sphere of risk created by the defendant.

NOTE: A third party’s negligent medical care and the victim’s refusal of medical treatment for religious reasons are both foreseeable risks, so the defendant would be liable.