Homicide

Question 1

What is Criminal Homicide

Answer 1

The unlawful killing of a human being by another

Question 2

When is a killing unlawful

Answer 2

A killing is unlawful when it is
1. without legal justification or excuse
2. committed as a result of a criminal state of mind

Question 3

Murder

Answer 3

Homicide + malice

Question 4

Manslaughter

Answer 4

Homicide - malice

Question 5

What is definition of murder

Answer 5

Murder is unlawful killing of a human being with malice aforethought (mens rea is malice)

Question 6

Types of malice

Answer 6

Express malice: an act is expected to cause death

Implied malice: act creates an extreme risk

Question 7

How to establish malice

Answer 7

1. intent to kill: D acts with purpose to kill another or with knowledge that their conduct will kill another
2. Intent to inflict serious bodily harm: conscious desire or substantial certainty that the D’s actions will result in victim’s injury, including serious or grievous bodily harm that is significant but not fatal injury
3. Depraved hearth murder: unintended killing resulting from extreme risk created by D that manifests a wanton disregard for human life

Question 8

Deadly Weapons Doctrine

Answer 8

Intent to kill may be inferred from the D’s use of an instrument designed to kill or used in a manner likely to kill or inflict grievous bodily harm

Question 9

Elements of Depraved Heart Murder

Answer 9

Unintentional killing that results from:
1. grossly negligent or reckless conduct
2. that creates an extreme risk to others
3. demonstrates a wanton indifference to human life and conscious disregard of an unreasonable risk of death or serious bodily injury

Question 10

Felony Murder

Answer 10

Felony murder requires
1. a killing
2. proximately caused
3. during commission or attempted commission
4. of a serious or inherently dangerous felony

Question 11

Does felony murder require malice

Answer 11

Malice is inferred from the commission of a highly dangerous felony

Question 12

Types of Felonies where felony murder applies

Answer 12

1. felonies listed in statute
2. inherently dangerous felonies that are independent of the killing, including:
   -burglary
   -arson
   -rape
   -robbery
   -kidnapping

Question 13

What is required connection between felony and commission

Answer 13

Death must be a foreseeable outgrowth of the felony, and cannot be a coincidence

Question 14

When does a killing need to be committed to constitute felony murder

Answer 14

Death must be the result of injuries inflicted during the commission, attempted commission, or immediate flight from the felony

Question 15

When does felony start for purposes of felony murder

Answer 15

When the defendant could be convicted of attempt

Question 16

When does felony end for purposes of felony murder

Answer 16

Felony terminates when D reaches a place of temporary safety

Question 17

Majority co-felon liability

Answer 17

Applies agency rule such that felony murder liability is limited to a killing committed by the hand of a co-felon and exempts liability for killings at the hands of non-felons.

Possible exception when a non-felon kills another non-felon in an attempt to kill one of the felons

Question 18

Common law co-felon liability

Answer 18

Liability attaches to all felons for any homicide committed during the felony so long as there is proximate cause regarding commission of felony and cause of death

Question 19

Exceptions from co-felon liability

Answer 19

1. Non-violent felon (common law)/minority): a given felon is exempt from felony murder if not armed and did not participate or have knowledge of the co-felon’s intent
2. Deserving victim (common law/minority): no co-felon liability if a co-felon is killed
3. Redline limitation (majority/common law): no co-felon liability if police or a victim kills one of the co-felons

Question 20

First Degree Murder Requirements (common law and majority rule)

Answer 20

Requires proof that D’s decision to kill was done with both premeditation and deliberation

Question 21

Premeditation Requirements

Answer 21

D must think about the act of killing

Common Law: D can premeditate immediately

Modern Rule: requires some time for premeditation but “brief” is enoug htime to decide with most jurisidctions requiring jury to find that premeditation occured after intent to kill was formed

Question 22

Deliberation Requirements

Answer 22

D must make deliberate choice to kill the requires rational thought

Question 23

When can deliberation be negated?

Answer 23

If voluntary intoxication or diminished capacity is affecting D

Question 24

What is Voluntary Manslaughter

Answer 24

Intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought, including heath of passion

Question 25

Requirements for adequate provocation

Answer 25

Objective standard: provocation that would lead a reasonable person to lose self-control and fly into a sudden homicidal rage

-mere words are not generally enough
-rage must be “hot” such that D hasn’t had sufficient time to cool off

Question 26

Involuntary Manslaughter

Answer 26

Unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that is not sufficiently extreme to rise to level of implied malice

Question 27

Requirements for Involuntary Manslaughter

Answer 27

D did not intend to kill or expect their conduct to cause death, but death still results from unjustified risk creation that isn’t extreme enough to indicate wanton disregard for human life

Question 28

Recklessness Standard

Answer 28

D is subjectively aware of the risk and ignores it

Question 29

Gross Negligence Standard

Answer 29

D is unaware of the risk but a reasonable person would have been aware
-mishandling weapons, driving dangerously, etc..

Question 30

Misdemeanor murder rule

Answer 30

Unintentional killing that occurs during the commission or attempted commission of a misdemeanor or non-dangerous felony is automatically manslaughter