Homicide Flashcards
What are the 3 Elements of Murder ?
Murder is the 1) Killing of 2) a Human being with 3 Malice
What is malice ?
Malice is a legal term of art that distinguishes Murder from Manslaughter
The 1st element of murder, killing requires
causation. (cant kill someone that is already dead)
Note- Where multiple suffice causes, each is Deemed to Cause Death
Malice is (3) things
1) The intent to kill;
2) The transferred intent to kill; or
3) The intent to cause serious bodily injury that results in death
What are the 3 Degrees of Murder
1) Second Degree Murder
2) 1st degree Murder
3) Aggravated Murder
2nd Degree Murder is….
the default category for intentional killings (the normal 3 elements)
1st degree murder is…
premeditation + the elements of 2nd degree murder
Premeditation means
Thought before action, (a few seconds can be enough)
Evidence of Premeditation includes
1) a motive to kill
2) source of the weapon
3) Breaks in the action (stopping to reload)
Aggravated murder is..
Statutory element + elements of 1st degree murder
What is the punishment for aggravated murder ?
Life in Prison without parole
What are some of the statutory elements that give rise to Aggravated Murder ?
1) Murder in commission of robbery, abduction, rape
2) Murder of cop or prison guard while on duty
3) Murder of more than one victim as part of the same transaction
Voluntary Manslaughter is…
An intentional killing committed in the heat of passion
What must there be for there to be voluntary manslaughter ?
legally Adequate provocation
What are the 4 categories of legally adequate provocation ?
1) Mutual combat
2) Response to an assault
3) Immediate response to an attack on close family member in your presence
4) Witnessing a spouse’s adultery
