Homicide

Question 1

Common Law Murder/Murder

Answer 1

CL Murder is the unlawful killing of another with malice aforethought

Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following states of mind:

1) Intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk to human life (depraved heart murder)
4) intent to commit a felony (felony murder)

Question 2

Deadly Weapon Rule (intent to kill)

Answer 2

The intentional use of a deadly weapon permits the inference of an intent to kill.

A deadly weapon is typically defined as any instrument used in a manner likely to produce death or serious bodily injury.

Question 3

Transferred Intent

Answer 3

If a defendant intends to harm one victim, but accidentally harms a different victim, the defendant’s intent will transfer from the intended victim to the actual victim.

This applies most frequently to murder, but can also apply to crimes such as battery or arson.

EXCEPTION – Transferred intent does not apply to attempts, only to crimes with completed harms

Question 4

Felony Murder (CL Murder)

Answer 4

Any death (even accidental) caused in the commission of or in an attempt to commit a felony is murder

Malice is implied from the intent to commit the underlying felony.

Question 5

Limitations to Felony Murder

Answer 5

1) The defendant must have committed or attempted to commit the underlying felony (A defense that negates an element of the underlying offense will also be a defense to felony murder)

2) many states (including GA) require the felony to be inherently dangerous

3) The felony must be distinct from the killing itself (commission of aggravated battery that causes a victim’s death does not qualify for felony murder)

4) The killing must take place during the felony or during the defendant’s immediate flight from the felony. Once the felon has reached a place of temporary safety, subsequent deaths are not felony murder.

5) The death must have been a foreseeable result of the felony

6) in most jurisdictions, the defendant is not liable for felony murder when a co-felon is killed as a result of resistance from the felony victim or police

Question 6

GA Limitations to Felony Murder Differences

Answer 6

1) In GA, the underlying felony does not need to be independent of the killing – aggravated battery or assault may qualify as the underlying felony unless the jury finds the battery was mitigated by provocation and therefore committed without malice

2) GA does not recognize the limitation for the death of a co-felon – A defendant can be liable for felony murder if the victim is a co-felon

Question 7

Co-Felon Vicarious Liability (Felony Murder)

Answer 7

Proximate Cause Theory (GA) – in some states, including GA, if one of the co-felons proximately causes the victim’s death, all other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party (for example a police officer)

Agency Theory (Majority) – The felony murder doctrine applies only if the killing is committed by a felon or their agent (accomplice or co-felon) with limited exceptions in cases in which the victim was used as shield or forced by the felon to occupy a dangerous place.

Question 8

Statutory Classification of Common Law Murder

Answer 8

Some jurisdictions have divided murder into degrees by statute

A murder will be second degree murder (similar to common law murder) unless it qualifies for first degree murder

Question 9

First Degree Murder - deliberate and premeditated

Answer 9

Deliberate and Premeditated First Degree Murder – If the defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a brief period, it is first degree murder (specific intent crime)

The defendant must have acted with intent or knowledge that their conduct would cause death.

NOTE – since this is a specific intent crime, the specific intent defenses apply

Question 10

First Degree Felony Murder

Answer 10

In many states, a killing committed during the commission of an enumerated felony is felony murder and called first degree murder.

The felonies most commonly listed are: burglary, arson, rape, robbery, and kidnapping (other felonies inherently dangerous to life are often included)

Question 11

Other First Degree Murders

Answer 11

Some statutes make killings performed in certain ways (torture for example) or with certain victims first degree murder

Many states make homicide of a police officer first degree murder – the defendant must know the victim is law enforcement and the victim must be acting in the line of duty.

Question 12

Second Degree Murder

Answer 12

If the jurisdiction divides murder into degrees, second degree murder is usually classified as all other intentional murders not classified as first degree, as well as depraved heart murder and intent to inflict great bodily injury murder

Question 13

How is Murder divided in GA

Answer 13

GA divides murder into the following categories
1) Murder
2) Murder in the Second Degree
3) Feticide
4) Homicide by Vehicle

Question 14

GA Murder

Answer 14

In GA, a person commits murder when the person unlawfully and with malice aforethought, express or implied, causes the death of another human being.

All murder, except murder in the second degree, is a capital offense punishable by death or life in prison.

Question 15

GA Murder in the Second Degree

Answer 15

A person commits second degree murder when, in the commission of second degree cruelty to children, the person causes the death of another human being, irrespective of malice.

Second degree cruelty to children consists of causing, with criminal negligence, a child under the age of 18 excessive physical or mental pain

Question 16

GA Feticide

Answer 16

In GA, a person commits the crime of feticide when the person causes the death of a fetus at any stage of development either:

1) willfully through an injury to the mother that would constitute murder if it were to result in the mother’s death; or
2) during the commission of a felony

Question 17

GA Homicide by Vehicle

Answer 17

Homicide by vehicle is causing the death of another, without malice aforethought, by driving in a manner that violates the state’s motor vehicle and traffic code

Question 18

Voluntary Manslaughter

Answer 18

Voluntary manslaughter is a killing that would otherwise be murder committed in the heat of passion upon adequate provocation.

Question 19

Adequate Provocation

Answer 19

Provocation is adequate if it meets the following four requirements:

1) it was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control

2) the defendant was in fact provoked

3) there was no sufficient time between provocation and the killing for passions of a reasonable person to cool down

4) the defendant did in fact no cool off between the provocation and the killing

Question 20

Imperfect Self-Defense

Answer 20

Some states recognize an imperfect self-defense doctrine under which murder may be reduced to manslaughter even though (1) the defendant was at fault in starting the altercation or (2) the defendant unreasonably but honestly believed in the necessity of responding with deadly force

Question 21

Involuntary Manslaughter

Answer 21

There are two types of involuntary manslaughter

1) a killing committed during the commission of an unlawful act (misdemeanor manslaughter)

2) A killing committed:
– CL – with criminal negligence (gross deviation from a reasonable standard of care)
– MPC – recklessly (awareness and conscious disregard of a substantial and unjustified risk of death)

NOTE: GA does not have criminal negligence/reckless involuntary manslaughter (second type)

Question 22

GA Involuntary Manslaughter

Answer 22

In addition to misdemeanor (unlawful act) manslaughter, involuntary manslaughter in GA is also defined as causing the death of another, without intending to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm (think excessive self defense)

NOTE – GA does not recognize criminal negligence/recklessness involuntary manslaughter