Homicide Flashcards
Elements of Common Law Murder?
- unlawful
- killing
- of another human
- committed w/ malice aforethought
What does Malice Aforethought refer to? (4)
- Intent to kill - acted with purpose or knowledge his/her actions would cause a death.
- Intent to do serious bodily harm - acted with purpose of knowledge that his/her actions would cause significant no-fatal injury
- Acted w reckless indifference to an obvious or unjustifiably high risk of serious bodily harm or death (ie, depraved heart murder).
OR - Intended to commit an inherently dangerous felony (ie felony murder)
Is duress or necessity ever a defense to murder?
No
Common Law Voluntary Manslaughter Elements
Intentional killing of another based on:
1. adequate provocation (heat of passion)
or
2. imperfect self defense:
- D started confrontation
- D honestly but unreasonably believed deadly force was necessary.
Common Law Involuntary Manslaughter Elements
Unintentional killing of another:
-with criminal negligence or
- during unlawful act.
Common Law Felony Murder Rule
Any killing (intentional or unintentional) of another during the commission, or attempted commission, of an inherently dangerous felony.
Most common felonies are BARRK
Burglary, Arson, Rape, Robbery, Kidnapping.
Common law attempted murder
When the D:
1. has the specific intent to kill
2. commits an act in furtherance of the killing, but
3. does not complete the killing.
What does the rekindling doctrine allow?
It allows a D to argue that, even though enough time had passed since the initial provocation to allow for cooling off, another encounter with the victim was sufficient to “rekindle” the D’s passion.
Such encounters commonly involve mocking or taunts about the initial provocation.
