Homicide

Question 1

murder

Answer 1

three types:
1. 1st degree murder
2. 2nd degree / common law murder
3. MPC murder

Question 2

1st degree murder

Answer 2

the killing was willful, deliberate, AND premeditated

Question 3

2nd degree / common law murder

Answer 3

murder is the:
- unlawful killing
- of a person
- with malice aforethought

Question 4

malice aforethought

Answer 4

• intent to kill,
• intent to inflict great bodily harm,
• reckless disregard of an extreme risk to human life (depraved-heart murder), OR
• intent to commit an inherently dangerous felony (felony murder rule)

Question 5

MPC murder

Answer 5

killing of a person committed:
1. purposefully or knowingly, OR
2. recklessly under circumstances manifesting an extreme indifference to the value of human life

Felony-murder rule: recklessness is presumed for robbery, rape, arson, burglary, & kidnapping

Question 6

manslaughter

Answer 6

three types:
1. voluntary manslaughter
2. involuntary manslaughter
3. MPC manslaughter

Question 7

voluntary manslaughter

Answer 7

intentional killing of a person WITHOUT malice aforethought (adequate provocation)

Adequate provocation:
1. D was provoked (sudden & intense passion causing a loss of control),
2. a reasonable person would have been provoked,
3. not enough time to cool off, AND
4. D in fact did NOT cool off

aka heat of passion

Question 8

involuntary manslaughter

Answer 8

unintentional killing of a person committed:
- recklessly
- under the misdemeanor-murder rule
- during a non-dangerous felony, OR
- with criminal negligence (in some states)

Question 9

MPC manslaughter

Answer 9

killing of a person comitted:
1. recklessly, OR
2. committed under the influence of extreme mental or emotional disturbance for which tehre is a reasonable explanation or excuse