HOMICIDE

Question 1

(CL) Express Malice Murder

Answer 1

The intentional, unlawful, killing of a human being with malice afterthought.

2 ways to prove malice:

1) ∆ had the intent to kill
2) ∆ killed with the intent to cause GBH

Intent at common law means purpose or knowledge.

1) Purpose means the ∆ had the conscious objective to bring about the death.
2) Knowledge means the ∆had knowledge of substantial certainty that his/her conduct would cause death.

GBH: serious non-fatal injury in which this case

Question 2

(CL) 3 ways to erase malice!

Answer 2

1) Diminished Capacity 2) SHOP 3) Imperfect Self-Defense

Question 3

(CL) Implied Malice Murder aka “Depraved Heart Murder”

Answer 3

Unintentional killing resulting from conduct involving a wanton disregard for human life because the ∆ created an unjustifiable risk.

Unjustifiable risk: Reckless or Grossly Negligent

[PLUS]

Wanton Disregard for Human Life:

1) EXTREME Risk Creation OR
2) Base Anti-Social Motive

Extreme: Outrageous
Anti-Social Motive: Risk was not extreme but the reason was unacceptable.

Question 4

(CL ONLY) Felony Murder

Answer 4

Felony + Death = Murder
A ∆ is guilty of FM when a death results during the commission or attempted commission of a serious or inherently dangerous felony.

Question 5

(CL ONLY) Felony Murder Analysis

Answer 5

1) Right Felony
- Expressly named on statute
- Inherently dangerous (Abstract or Circumstances)
2) Right Time
- Res Gestae
3) Right Connection
4) Right Killer
- Agency Doctrine
- Proximate Cause

This is a question of law - if it not the right type of felony it is not submitted to the jury and it won’t be a charge.

***If no felony murder try implied malice murder

Question 6

(CL) Voluntary Manslaughter

Answer 6

Unintentional killing without malice. Malice is negated by SHOP, diminished capacity, or imperfect self-defense.

Question 7

(CL) Adequate Provocation

Answer 7

Measured objectively, must be such that a reasonable person would lose-control.

RULES:

1) Mere words are never enough
2) A causal connection must exist b/t the provocation & the killing.
3) Must be sudden - No cooling off period.

5 usual adequate provocations:

1) Adultery (Flagrante delicto)
2) Mutual Combat
3) Injury of a relative
4) Assault & Battery
5) False arrest

Question 8

(CL) Involuntary Manslaughter

Answer 8

Unintentional killing resulting from reckless or negligent conduct that does not manifest a wanton disregard to human life.

Question 9

(CL ONLY) Murder by Degrees

1st Degree Murder

Answer 9

Intentional killing with P&D

• Must have intent to kill (Purpose or Knowledge)
• Must have P AND D
• If only 1 P or 1 D drops to 2nd degree
• SI Crime
• Covers statutory protected victims (kid, cop)
• Malice

Premeditation: quantity of thought given prior to
Deliberation: quality of thought given prior to; has to be fully conscious & rational

How long to P&D: “a twinkling of an eye”

P&D probes design to kill

Question 10

Erasers of P&D

Answer 10

1) Voluntary Intoxication
2) Diminished Capacity
3) SHOP (even if rational)

Question 11

(CL ONLY) 2nd Degree Murder

Answer 11

Intent to Kill - GI Crime - No P&D

• GBH
• Recklessness
• Felony murder (maybeeee)

Question 12

(MPC) Murder as a desired outcome

Answer 12

An unlawful killing where death is the desired outcome

1) Killing is done with purpose or
2) killing is done with knowledge of substantial probability of death

Question 13

(MPC) Voluntary Manslaughter aka Extreme Emotional Disturbance Murder

Answer 13

An intentional killing as a result of an Extreme Emotional Disturbance

RULES:

1) No provocation requirement
2) No casual connection
3) ∆ bears the burden
4) No sudden rage - rage can be building
* VERY LIBERAL*

∆ bears the burden to prove:

1) extreme
2) reasonable

• Mercy kill can goes here & only here
• Dad decides who raped his daughter 5 yrs later
• EED can be mitigated to inv. manslaughter

Question 14

(MPC) Extreme Indifference Murder (Like Implied malice in CL)

Answer 14

Unintentional killing resulting from RECKLESS conduct AND an Extreme Indifference to Human life.

***There’s no FM but if there is a death during commission of a malum in se felony it is PRESUMED to be Extreme Indifference

Question 15

(MPC) Involuntary Manslaughter

Answer 15

Unintentional killing resulting from reckless conduct that DOES NOT manifest an extreme indifference to the value of human life.

Question 16

(MPC ONLY) Negligent Homicide

Answer 16

A killing as a result of gross negligent conduct.

Gross deviation from the standard of care that a reasonably prudent person would observe.

Question 17

(CL) JURY INSTRUCTION

Answer 17

Murder is the unlawful killing of another human being with malice; expressed or implied. For express malice, the ∆ must have had the intent or purpose to kill or inflict GBH to the victim. For implied malice, the ∆ must have created an unjustifiable risk either through reckless or negligent conduct in which manifested a wanton disregard for the value of human life.

In order for you to convict the ∆ of 1st degree murder you must believe that the ∆ premeditated and deliberated prior to the killing. To premeditate means the ∆had the opportunity to give his actions a second thought. To deliberate means the ∆ had the opportunity to reflect on his actions rationally prior to killing.

If you find that the ∆ possessed the requisite intent or purpose to cause death or GBH to the victim, but did not premeditate or deliberate, you must find the ∆ guilty of 2nd degree murder.