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Criminal Law > Homicide > Flashcards

Homicide Flashcards

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1
Q

What was the original common law definition of murder

A

Murder is the unlawful killing of another human being with malice aforethought

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2
Q

What are the two ways malice can be shown

A

Express malice or Implied malice

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3
Q

What is express malice murder (CL)

A

Express malice murder is an intentional killing of another human being with malice aforethought

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4
Q

How can you prove express malice (CL)

A

1) Intent to kill– purpose (the conscious objective) or Knowledge of substantial certainty that death would be the outcome
2) Intent to cause grievous bodily harm

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5
Q

WHat is implied malice murder (CL)

A

unintentional–death is not the desired outcome. Implied malice murder (aka “depraved heart murder) is an unintentional killing that is bumped up from manslaughter by proving a wanton disregard for the value of human life

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6
Q

How do you prove implied malice/wanton disregard

A

1) High degree of reckless conduct (degree of recklessness is a fact for the jury) i.e. shaken baby
2) OR Recklessness + base antisocial motive

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7
Q

Explain recklessness + base antisocial motive (CL)

A

There is an inverse relationship between the two– the more of one, the less you need of the other

Base antisocial motive is a risk created by another criminal activity (like using a guard dog to protect the illegal activity of growing marijuana)

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8
Q

What is felony murder (CL)

A

One is guilty of felony murder if a death results from conduct during the commission or attempted commission of a felony

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9
Q

What is the original “Unrestricted” doctrine for felony murder

A

Felony (act) + death (result) = felony murder

  • no MR element needed as long as you can prove the D was committing a felony.
  • All felonies were punishable by death so it did matter
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10
Q

What is the restrained doctrine for felony murder

A
  • Predicate felony + death=felony murder
  • Legislature defined predicate felonies, so if death occurs during the commission or attempted commission of a defined predicate felony, then charged with felony murder
  • If the felony is not on the defined predicate felony, it is not automatically felony murder
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11
Q

What is the res gestae doctrine as it applies to felony murder

A

Have to prove the killing concurred with the felony- that the death occurred during the attempt, commission, or immediate flight of the felony

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12
Q

How can res gestae be interuppted

A

It can be interrupted by a point in which the defendant(s) have achieved a position of safety from law enforcement for the under

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13
Q

What is the inherently dangerous felony rule

A

Applies when a felony is an undefined felony or not predicate felony. It limits the list of felonies allowed to be claimed under felony murder by getting rid of all felonies that are not inherently dangerous.

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14
Q

What are the two methods to determine whether a felony is inherently dangerous

A

Abstract and Contextual method

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15
Q

What is the abstract inherently dangerous test

A
  • Pro defendant (majority of courts)
  • ## Looks at the law itself and asks: is it possible to imagine a way the statute could be violated without causing a death (if yes, the crime isn’t inherently dangerous)
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16
Q

What is the contextual inherently dangerous test

A
  • Pro plaintiff
  • Look at the context of the actual violation and consider the manner in which it was violated
  • Look at the context– Defendant broke the law and someone died, therefore it must be inherently dangerous
  • In an unrestrained jurisdiction, you must always prove the felony through this doctrine
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17
Q

What is the majority view agency theory for felony murder

A
  • Better for Defendant
  • During the transaction of a felony someone gets killed by someone other than the Defendant
  • Ask: Was the person who killed acting as an agent (co-felon) of the Defendant. If yes, the killing is attributed to the defendant. if no then the killing is not attributed
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18
Q

What is the minority proximate cause view

A
  • Better for the government
  • During the transaction of the felony someone gets killed by a person other than Defendant
  • A felon may be responsible under the felony murder for a killing committed by a non-felon if the felon set in motion the acts which resulted in the victim’s death
  • Ask: Was the killing a proximate cause of the crime. If yes, Defendant is guilty
  • As long as the killing was a foreseeable consequence of the crime, then All co-felons are responsible
  • Only defense is that killing must be a result of an intervening superseding cause
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19
Q

What are the three things needed to analyze felony murder

A

1) Right Felony– felony is expressly named by statute (enumerated) or felony is inherently dangerous (not inherentlydangerous if it could be committed without death)
2) Right timing (res gestae doctrine)
3) Right co-felon connection (agency doctrine [narrow] or proximate cause [wide])

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20
Q

WHen a felony is not enumerated and is not inherently dangerous does that mean you can’t charge defendant with murde

A

No you can charge defendant with depraved heart (implied malice because of high degree of recklessness)

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21
Q

What is first degree murder

A

Intent to kill + premeditation and delibaration

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22
Q

What is first needed to prove first degree murder

A

Intent (purpose or knowledge)

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23
Q

What is premeditation

A

Quantity of thought. Defendant was able to think about it beforehand. A spontaneous reaction defies the notion of quantity and quality of thought and negates the “twinkling of an eye theory”

24
Q

What is deliberation

A

Quality of thought– Defendant was able to rationalize and decide on the thought

25
Q

How can P&D be inferred

A

by conduct/statements of defendant prior to killing, threats by defendant before/during the act of killing, ill-will b/w parties etc.

26
Q

Outside of P&D how else can first degree murders happen

A

anything else the legislature ha set out as a first degree murder (i.e. killing a child, police officer etc)

27
Q

Is 1st Degree a general or specific intent crime and why

A

Specific intent. P&D make it so. If you can’t prove the specific intent you are left with the general intent crime of second degree murder

28
Q

What is second degree murder and what do you have to show

A

they are all other murders that are not 1st degree. must still show intent to kill– a general intent crime

29
Q

What is manslaughter (CL)

A

a “residual bucket” for crimes where there was a “heat of passion” and all other unlawful killings

30
Q

What are the two types of manslaughter (CL)

A

voluntary, involuntary

31
Q

What is voluntary manslaughter (CL)

A

An intentional homicide, done in a sudden heat of passion, caused by adequate provocation, before there has been a reasonable opportunity for the passion to cool

32
Q

What makes voluntary manslaughter brought down from murder

A

All elements are satisfied to prove murder, but the circumstances partially nullify the MR

33
Q

What does proximity have to do with voluntary manslaughter (CL)

A

Killing must be proximate. If you do not see it happening, hear it happening, or it isn’t proximate , you cannot claim heat of passion. (i.e. a father who finds out 5 years later who rapped and killed his daughter does not have a defense in the CL court b/x it is not proximate)

34
Q

What is the states burden with voluntary manslaughter (CL)

A

state has burden to prove malice and to disprove heat of passion

35
Q

What are the elements needed to downgrade from murder to manslaughter (CL)

A
  • Adequate provocation
  • HOT and sudden passion
  • Casual connection
  • Intentional killing
36
Q

What is adequate provocation and what are some examples

A
  • words are never enough– courts have list five example kinds of adequate provocation

1) Adultery (in flagrante delicto)
2) mutual combat
3) Assault and battery
4) Injury or death to relative
5) illegal arrest (false arrest)

37
Q

How has adequate provocation evolved? (CL)

A

Many jurisdictions now use the “ordinary man” standard instead of a reasonable man standard b/c a killing is never reasonable

38
Q

What is the subjective test for adequate provocation (CL)

A

provocation is assessed based on the defendants susceptibility, vulnerability, and reasonability. Asks: in his shoes, based on his experiences, would that conduct be provocative

39
Q

What is the objective test for adequate provocation (CL)

A

reaction is assessed based on the ordinary person standard. Ask: Maybe it was subjectively provocative, but was there enough provocation to make an ordinary person with ordinary control respond the way the defendant responded

40
Q

What happens if defendant was subjectively reasonable but not objectively reasonable

A

they are guilty

41
Q

What is involuntary manslaughter (CL)

A

an unintentional killing resulting from reckless conduct that does not manifest a wanton disregard for the value of human life or that results from gross negligence

42
Q

What is gross/criminal negligence (CL)

A

when the deviation from the standard of care is more than simple negligence

43
Q

What makes MPC and CL murder different

A

MPC does not have degrees. murder is murder in MPC

44
Q

What is the definition of murder in MPC

A

Murder is an unlawful killing where death is the purpose/desired result

45
Q

What is necessary to prove murder in MPC

A

that the murder was done with purpose or that it was done with knowledge of substantial certainty that death could occur

46
Q

What are the two categories some MPC jurisdictions break murder down into

A

Capital murder (murder with aggravating circumstances that are listed in the code, death sentence on the table)

Murder (not as bad, done without aggravating circumstances, death sentence is not an option)

47
Q

What is “extreme indifference murder”

A

extreme indifference murder (aka “depraved heart murder”)is an unintentional killing that is bumped from manslaughter back up to murder by proving an extreme indifference to the value of human life

48
Q

How do you prove extreme indifference

A

High degree of recklessness which manifests an extreme indifference to human life (a conscious disregard)

49
Q

How does felony murder work in MPC

A

no such thing as felony murder. in MPC felony murder is captured under extreme indifference as a reckless murder (presumed if death was committed within a named felony)

50
Q

What is voluntary manslaughter in MPC

A

an intentional homicide, done as a result of an extreme emotional disturbance

51
Q

What can create an extreme emotional disturbance in MPC manslaughter

A

words actions or anything else that the jury finds

52
Q

What makes manslaughter in MPC different from CL

A

no causal connection requirement, does not have to be proximate

Ex. When the dad finds out 5 years later who raped and killed his daughter and goes out and murders him, he can please EED in a MPC jurisdiction

53
Q

Who bears the burden of proof in MPC manslaughter and what is it

A

Defendant bears the burden of proof. must show that they acted under pressure of emotional disturbance, that the emotional disturbance was extreme (subjective standard) and that a reasonable explanation and excuse for the disturbance (objective standard)

54
Q

What is involuntary manslaughter in MPC

A

Involuntary manslaughter in MPC is a killing resulting from reckless conduct that does not manifest a wanton disregard for the value of human life

55
Q

What is negligence homicide (MPC)

A

A death that results from gross/criminal negligence

56
Q

What must be proven in negligent homicide

A

The risk is of such a nature and degree that the actors failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, is a gross deviation from the standard of care that a reasonably prudent person would observe

First prove a reasonable person would have realized, then prove that most everyone would have realized (gross aspect)

Criminal Law (10 decks)

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