Homicide

Question 1

What constitutes criminal homicide under MPC 210.1?

Answer 1

A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. Criminal homicide is murder, manslaughter or negligent homicide.

Question 2

What is common law murder?

Answer 2

The killing of another person with malice aforethought.

Question 3

What are the different types of murder by mental element?

Answer 3

1. Intent-to-kill murder, 2. Intent-to-do-serious-bodily-harm murder, 3. Depraved-heart murder, 4. Felony murder.

Question 4

What defines murder under MPC 210.2?

Answer 4

Criminal homicide constitutes murder when it is committed purposely or knowingly; OR recklessly under circumstances manifesting extreme indifference to the value of human life.

Question 5

What is first-degree murder?

Answer 5

A homicide that is unjustified, premeditated, and done purposely or knowingly.

Question 6

What is voluntary manslaughter?

Answer 6

The purposeful, knowing, or depraved heart killing of a human being while in a state of passion caused by adequate provocation.

Question 7

What are the requirements for premeditation?

Answer 7

The defendant had a clear mind and was capable of deliberation, and the defendant deliberated and decided to kill the victim.

Question 8

What is the premeditation time requirement?

Answer 8

Some courts find that any amount of time to make a decision qualifies; others hold that there must be a reasonable amount of time for deliberation.

Question 9

What factors indicate premeditation?

Answer 9

1. Evidence of deliberation, 2. Evidence of planning activity, 3. A prior relationship showing motive, 4. The nature of the circumstances.

Question 10

What must be proven for a finding of voluntary manslaughter?

Answer 10

1. There must have been a reasonable provocation, 2. The defendant must have been in fact provoked, 3. A reasonable man so provoked would not have cooled off in the time between the provocation and the fatal blow, 4. The defendant did not in fact cool off.

Question 11

What is reasonable provocation per se?

Answer 11

Discovering a spouse committing adultery, enduring a battery.

Question 12

What is depraved heart murder?

Answer 12

The reckless killing of a human being under circumstances manifesting extreme indifference to the value of human life.

Question 13

What is ‘more than ordinary negligence’?

Answer 13

1. The defendant’s conduct must involve a high degree of risk of death or serious bodily injury, 2. The defendant must be aware that his conduct creates this risk.

Question 14

What is the factors test for depraved heart murder?

Answer 14

1. Social utility of the defendant’s conduct, 2. The magnitude of the risk, 3. The defendant’s knowledge of the risk, 4. Any precaution taken by the defendant to minimize the risk.

Question 15

What defines involuntary manslaughter?

Answer 15

Extremely negligent conduct that creates a very high degree of risk or serious bodily injury to another, causing death, without intent to kill.

Question 16

What constitutes negligent homicide under MPC 210.4?

Answer 16

Criminal homicide constitutes negligent homicide when it is committed negligently. Negligent homicide is a felony of the third degree.

Question 17

What is felony murder?

Answer 17

A defendant is guilty of felony murder if a death occurs in the commission or attempted commission of certain felonies, regardless of their state of mind.

Question 18

What are the restrictions on the felony murder doctrine?

Answer 18

1. Permitting its use only for certain types of felonies, 2. A stricter interpretation of proximate cause, 3. A narrower construction of the time period during which the felony is in process, 4. Requiring the underlying felony to be independent of the homicide.

Question 19

What is the inherently dangerous felony rule?

Answer 19

The felony can only be used as the basis of a conviction if it created a serious risk of death.

Question 20

What is independent felonious purpose?

Answer 20

The predicate felony must not involve personal injury but have a purpose other than inflicting harm.

Question 21

What defines the duration of the felony for felony murder?

Answer 21

If the killing and the felony are part of a continuous transaction, even if the killing occurred before the felony or while the defendant is in flight.

Question 22

What are the continuous transaction factors for felony murder?

Answer 22

1. Time - how close in time the felony happened to the killing, 2. Place - where did the felony happen and where did the killing happen?, 3. Causal connection - did the felony cause the killing?

Question 23

What does temporary safety mean in the context of felony murder?

Answer 23

A defendant reaching a place of temporary safety may signal the end of a continuous transaction but not necessarily so.