Homicide

Question 1

Homicide

Answer 1

A wrongful killing. At common law, broken into degrees.

Question 2

First Degree Murder

Answer 2

A wrongful killing done willfully, deliberately, and with premeditation.
Premeditation is the essential element.

Question 3

Premeditation

Answer 3

The act of reflection. Essential element to first degree murder. Can be done quickly, and must be proven beyond a reasonable doubt. Heightened mens rea of purpose +.

Question 4

Second Degree murder

Answer 4

An intentional killing done with willfulness and deliberation. Alternatively, it can be a “depraved heart” murder, which is a level of recklessness evidencing a disregard to the value of human life (recklessness +)

Question 5

Voluntary Manslaughter

Answer 5

An intentional killing done in the heat of passion without time to cool off.

Question 6

Factors for Voluntary Manslaughter

Answer 6

Requires adequate provocation, such as a reasonable person in similar circumstances would be provoked. The provocation must result in a heat of passion which erodes the ability to make a rational decision. There must not be sufficient time to “cool off.”

Question 7

Involuntary manslauhghter

Answer 7

An unintentional killing that is the result of negligence.

Question 8

Lesser Included offenses

Answer 8

A lesser included offense is are lower culpability offenses which can be instructed alongside a higher offense. Must have sufficient evidence to warrant instruction. Without evidence, such instruction could be a reversible error.

Question 9

What cannot be a lesser included offense?

Answer 9

Involuntary manslaughter cannot be a lesser included offense of voluntary manslaugher, as they have completely different requirements.

Question 10

MPC Homicide

Answer 10

Murder-purpose or knowledge
Manslaughter-recklessness
Negligent Homicide

Question 11

Extreme Emotional Disturbance

Answer 11

The equivalent of provocation in common law, but far broader. Lowers culpability upon certain proof.

Question 12

Felony Murder

Answer 12

Any killing occurring during the commission of certain felonies is automatically murder. Courts decide what felonies, constitute, and is dependent upon facts.

Question 13

Merger (Ireland) Rule

Answer 13

Certain offenses necessarily occur during the commission of a homicide, and as such these felonies, such as assault, cannot support a felony murder conviction.

Question 14

Felony Murder: Mens rea

Answer 14

Does not require a mens rea in respect to the death. As such, resembles a strict liability offense

Question 15

Felony Murder: causation

Answer 15

In many jurisdictions, causation does not need to be shown. Only that a killing occurred and defendant committed felony. See Sophone

Question 16

Factors which indicate premeditation

Answer 16

1. Evidence of planning
2. Defendant’s conduct and statements before and after
3. Motive
4. How the killing was committed
5. Type of weapon used
6. Nature and number of wounds
7. Relationship between victims (ill will, altercations)
8. Lack of provocation
9. Passage of time

Question 17

What elevates a reckless killing to depraved heart?

Answer 17

An extreme indifference to the value of human life. Recklessness so extreme it equates to purpose or knowledge.

Question 18

Adequate provocation is

Answer 18

Such that a reasonable person would lose control. Mere words are not enough

Question 19

Heat of passion is

Answer 19

Emotions so intense they distort reasoning; act out of passion rather than reason. Objective standard

Question 20

Elements of extreme emotional disturbance

Answer 20

1. Provoking or triggering event
2. Killing happened immediately after
3. Defendant lost ability to reason

Question 21

Involuntary Manslaughter

Answer 21

A negligent killing. Usually gross negligence is required, but can be common negligence.

Question 22

Gross negligence

Answer 22

Gross departure from conduct of an ordinarily careful and prudent person