Homicide Flashcards
What is common law murder?
Unlawful killing of a human being with malice aforethought
What are the states of mind constituting malice aforethought?
(a) Intent to kill (can be inferred from intentional use of deadly weapon)
(b) Intent to inflict great bodily injury
(c) Reckless indifference to unjustifiably high risk to human life (depraved heart killing/abandoned and malignant heart)
(d) Intent to commit felony (felony murder)
What are statutory classifications of murder?
Divides murder into degrees
(a) First Degree Murder
* Deliberate and premeditated (requires specific intent)
* Felony murder (enumerated felonies)
(b) Second Degree Murder
* Any murder not first degree murder
* Unenumerated felony murder
* Depraved heart killing (reckless indifference)
* Similar to common law murder
(c) Voluntary Manslaughter
(d) Involuntary Manslaughter
Deliberate and premeditated first degree murder: D makes decision to kill in cool and dispassionate manner + reflects on idea of killing, even if for brief period
* Act with specific intent/knowledge that conduct would cause death
Others: Some statutes make killing cops first degree murder IF D knows victim is cop + victim is acting in line of duty (ex. identifies herself as cop)
What are the enumerated felonies for first degree felony murder?
BARRK: Burglary, Arson, Robbery, Rape, Kidnapping
States might include other felonies that are inherently dangerous to human life
Deliberate and premeditated first degree murder: What is a defense?
Facts
Voluntary Intoxication defense, because it’s a specific intent crime. Can still be charged with second degree murder
Diminished Capacity defense - mental illness short of insnaity can be asserted to specific intent crime to mitigate accused’s culpability/reduce charge to lesser offense
Involuntary Intoxication defense can be used for all crimes.
Deliberate and premeditated first degree murder: D makes decision to kill in cool/dispassionate manner + reflects on idea of killing, even if for brief period
* Act with specific intent/knowledge that conduct would cause death
What are limitations to felony murder liability?
- Defense: If underlying felony is specific intent crime, then voluntary intoxication/unreasonable mistake of fact defenses CAN be used as defense to felony murder.
- Felony is distinct from killing (ex. aggravated battery that kills victim vs. robbery)
- Death was foreseeable result of felony (majority); minority requires felony just be evil/wrong (malum in se)
- Death caused before D’s “immediate flight” from felony ends (before D reaches “temporary safety”)
- Majority: No felony murder if co-felons killed by felony victim/police for resisting
What is felony murder and how is malice determined?
Death (even accidental) caused in commission of/attempt to commit felony.
* Malice is implied from intent to commit underlying felony
Enumerated felonies are typically inherently dangerous felonies.
Proximate Cause vs. Agency Theory of Felony Murder
Proximate cause: felons liable for deaths of innocent victims caused by someone other than co-felony (ex. police kills bystander during shootout)
Agency theory: felony or his “agent” (accomplice) must do killing to be liable of felony murder (unless victim was used as shield/forced into dangerous place by felon)
What is voluntary manslaughter?
Killing that would be murder except there was adequate provocation.
Adequate provocation (heat of passion) only reduces killing from murder to manslaughter; it is NOT a defense.
When is there adequate provocation?
(a) Provocation caused **sudden/intense passion **that would cause reasonable person to lose control
(b) D was provoked and lost control
(c) Not enough time between provocation and killing for reasonable person to cool off
(d) D didn’t cool off
Ex. Facing threat of deadly force
* Victim of serious battery
* Finding spouse in bed with another
What is imperfect self-defense doctrine?
Reduces murder to manslaughter where (1) D started altercation BUT (2) D unreasonably but honestly believed in need to respond with deadly force
Only some states recognize
What is required for involuntary manslaughter?
(a) Criminal negligence: unintended killing caused by negligence (less than reckless disregard for human life, which is malice)
* MPC: “recklessness” (substantial risk of death), or
(b) in some states, during commission of unlawful act that doesn’t amount to a felony (foreseeability might be required)
Intent is NOT an element of involuntary manslaughter
Ex. A parent has a duty to provide the necessities for a child; failure to do so that causes the child’s death is CRIMINAL NEGLIGENCE so the parent can be convicted of involuntary manslaughter.
What are requirements for causation?
D’s conduct is BOTH cause-in-fact (but-for cause) and proximate cause (natural and probable consequence of conduct) of death
Inevitability: Act that hastens inevitable result (of death) still is legal cause [ex. kills terminal cancer patient; still guilty of murder]
Simultaneous acts by 2+ people: each act is independently sufficient cause of death (both people liable)
Preexisting weakness/fragility: even if D couldn’t foresee V’s preexisting weakness/fragility, D still liable (doesn’t break chain of causation)
When does an intervening act break chain of causation?
If act is COINCIDENCE or is outside foreseeable sphere of risk created by D
D still liable bc following are foreseeable risks:
* Third party’s negligent medical care
* Victim’s refusal of medical treatment for religious reasons
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