Homicide

Question 1

Homicide

Answer 1

The killing of a living human being by another human being.

Question 2

First-Degree Murder

Answer 2

Specific-intent crime

A deliberate and premeditated murder, or; a killing that results during the commission of an inherently dangerous felony (i.e., felony murder is frequently classified as first-degree murder).

Question 3

Common-Law Murder

Answer 3

Unlawful killing of another human being committed with malice aforethought.

Four Kinds of Malice:
1) Intent to Kill: the D acted with the desire that the victim end up dead (intent need not be premeditated; can be formed in the moment before killing).

2) Intent to Inflict Serious Bodily Harm: the D intended to hurt the victim badly, and the victim died.

3) Abandoned or Malignant Heart or Depraved Heart: the D rated with a cavalier disregard for human life and a death resulted. D must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions.
- Majority and MPC = D must actually realize there is a danger
- Minority = a reasonable person would have recognized the danger

4) Felony Murder: the death occurred during the commission or attempted commission of a dangerous felony

Question 4

Felony Murder

Answer 4

BARRK Felonies: burglary, arson, robbery, rape and kidnapping

Agency Theory: A D is only responsible for the crimes of the D’s “agents.” Because the victims, police or third party are not the D’s agents, the D is not responsible for their conduct.

Note: If a co-felon is killed by a resister or police officer, the D is not guilty of felony murder in the majority of jurisdictions.

Question 5

Manslaughter

Answer 5

All unlawful killings of another human being that are not first-degree murder or common-law murder.

Question 6

Voluntary Manslaughter

Answer 6

Occurs when a D intends to kill the victim, but his state of mind is less blameworthy than murder.

Acted in the HEAT OF PASSION or UNDER EXTREME EMOTIONAL DISTURBANCE.

Test: Is the situation one in which most people would act without thinking and without time to cool off?

Note: Simply hearing about your spouse’s affair is not sufficient provocation.

Question 7

Involuntary Manslaughter

Answer 7

A criminally negligent killing or killing of someone while committing a crime other than those covered by felony murder (i.e., misdemeanor manslaughter).

A D who engages in criminally negligent conduct and causes a death is guilty of involuntary manslaughter (e.g., traffic deaths).