Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Prep Elements > Homicide > Flashcards

Homicide Flashcards

1
Q

3 Traditional Homicide Offenses

A

1) murder
2) voluntary manslaughter
3) involuntary manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Homicide Analysis

A
  1. Did D “cause” death of victim?
  2. If #1 answered “yes,” did D act with “malice aforethought?” [if so, murder unless –]
  3. If #1 and # 2 answered “yes,” was there also adequate provocation? [if so, voluntary manslaughter]
  4. If # 1 answered “yes” and # 2 answered “no,” did D either
    • act with criminal negligence? [involuntary manslaughter]
    • cause death while committing misdemeanor? [involuntary manslaughter]
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Murder

A

A killing is with “malice aforethought” and therefore murder if the defendant acted with:

  1. intent to kill; or
  2. intent to cause serious bodily injury; or
  3. awareness of extremely high risk that death will result (“abandoned and malignant heart” doctrine or “depraved mind” murder); or
  4. intent to commit a felony.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Intent to Kill for Murder

A
  • If D acted with one of other malice mental states, intent to kill is not necessary for murder.
  • Knowingly engaging in high risk activity can be malice.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Felony murder general rule

A

General Rule: Accidental deaths caused during commission of a felony are murder.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Felony murder

Cofelon liability

A

All cofelons are guilty of a felony murder, if the death was foreseeable to them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Felony Murder Merger Rule

A
  • Felony murder cannot be based on felony assault (or battery) causing death of victim (“merges” into death of victim).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Voluntary Manslaughter Elements

A
  • An intentional killing that would otherwise be murder is reduced to voluntary manslaughter if three things are shown:
    1. objectively reasonable provocation;
    2. this actually caused the defendant to kill the victim; and
    3. D acted on that before an objectively sufficient cooling period elapsed.
  • Some situations insufficient “as a matter of law”: best example—“mere words.”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Involuntary Manslaughter Elements

A

A killing is involuntary manslaughter if the defendant killed either:

  1. in the course of committing a misdemeanor; or
  2. with criminal negligence.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Virginia Homicide Offenses

A
  1. Capital Murder
  2. First Degree Murder
  3. Second Degree Murder
  4. Felony Murder
  5. Felony Homicide
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

VA Capital Murder

A

Willful, deliberate, and premeditated murder committed under 14 different aggravating circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

VA First Degree Murder

A
  • Poison
  • Lying in wait
  • Imprisonment
  • Starvation; or
  • Any wilful, deliberate, and premeditated killing that does not fall within capital murder.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

VA Second Degree Murder

A
  • All murder is presumed to be second degree murder.
    • The burden is on the prosecution to elevate it to first degree or capital murder
    • the burden is on the defense to reduce it to manslaughter.
  • Second degree murder consists of all murder that is neither capital nor first degree.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

VA Felony Murder

A

Any murder committed, whether intentional or accidental, during the commission of or during an attempt to commit:

  • Arson
  • Rape
  • Forcible sodomy
  • Robbery
  • Burglary
  • Abduction
  • Inanimate/animate object sexual penetration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

VA Felony Murder Treatment

A

treated as first degree murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

VA felony murder causation

A
  • A death that results not from actions of the felon, or
  • from acts directly calculated to further the felony or necessitated by the felony,
  • but from circumstances coincident to the felony, is not a felony murder.
17
Q

VA Felony Homicide

A
  1. The accidental killing
  2. contrary to the intention of the parties
  3. while committing some non-enumerated felonious act.
18
Q

VA Felony Homicide Causation

A

In determining whether a felony homicide has been committed, the critical factor is the existence of a causal connection between the felony and the accidental killing.

19
Q

VA Voluntary Manslaughter

A
  • Unlawful killing without malice (heat of passion)
    • Example: A killing committed during mutual combat, in the heat of which the defendant struck a blow that killed the decedent.
20
Q

VA Involuntary Manslaughter

A

A killing of one accidentally, contrary to the intention of the parties, either:

  • During the performance of some unlawful but not felonious act; or
  • During the performance of a lawful act amounting to criminal negligence.

Bar Prep Elements (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions