Homicide

Question 1

What is homicide

Answer 1

killing of a human being by another human being, victim cant already be dead

Question 2

Is assting suicide homicide?

Answer 2

yes if statute or state law

Question 3

What is causation requirement for homicide?

Answer 3

casual link between defendants actions and what happened to victim

actual and proximate cause

Question 4

What is not considered causation for homicide purposes?

Answer 4

independent third persons actions are not foreseeable cause (proximate)

Question 5

Is consent defense to homicide?

Answer 5

no

Question 6

First Degree Murder

Answer 6

deliberate AND premeditated murder or killing the results for inherently dangerous felony

Question 7

CL Murder

Answer 7

unlawful killing of another with malice aforethought

Question 8

Types of Malice

Answer 8

Intent to Kill
Intent to inflict SBI
Depraved Heart
Felony Murder

Question 9

Requirements for Depraved Heart

Answer 9

Majority/MPC: defendant must actually realize that there is danger

Minority: a reaonsable person would have recognized the danger

Question 10

What are crimes that fall under the scope of Felony Murder

Answer 10

BARRK

bugarly, arson, rape, robbery, and kidnapping

Question 11

What is felony murder?

Answer 11

death occurred during commission of felony or attempted commission of felony

Question 12

What is Intent to Kill Murder?

Answer 12

def. acted with desire to kill can occur within the second

Question 13

What is Intent to Inflict SBI

Answer 13

intend to hurt victim and victim died

Question 14

What happens if the murder occurs with a less serious felony?

Answer 14

doesn’t give rise to felony murder

will be manslaughter or lesser offense

Question 15

What is circumstance where felony murder may apply?

Answer 15

someone who resist felony and dies in course

if bystander dies during felony

minority: if third party killed by police or resister

if co-felon killed then the defendant is no guilty of felony murder

Question 16

What is agency theory and what does it apply to?

Answer 16

D is not liable to bystander death caused by felony

majority opinion applicable to felony murder

Question 17

What is voluntary manslaughter?

Answer 17

Homicide committed with malice aforethought but also with mitigating circumstances:

acted in heat of passion or acting under extreme emotional disturbance

Question 18

What is involuntary manslaughter?

Answer 18

negligent killing or killing of someone while committing crime that is not covered under felony murder

EX: traffic accidents

Question 19

Is heat of passion a defense?

Answer 19

no, it is a mitigating circumstance that takes the crime from murder to manslaughter