Homicide Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What constitutes criminal homicide under MPC 210.1?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is common law murder?

A

The killing of another person with malice aforethought.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the different types of murder by mental element?

A
  1. Intent-to-kill murder, 2. Intent-to-do-serious-bodily-harm murder, 3. Depraved-heart murder, 4. Felony murder.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What defines murder under MPC 210.2?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is first-degree murder?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is voluntary manslaughter?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the requirements for premeditation?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the premeditation time requirement?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What factors indicate premeditation?

A
  1. Evidence of deliberation, 2. Evidence of planning activity, 3. A prior relationship showing motive, 4. The nature of the circumstances.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What must be proven for a finding of voluntary manslaughter?

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is reasonable provocation per se?

A

Discovering a spouse committing adultery, enduring a battery.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is depraved heart murder?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is ‘more than ordinary negligence’?

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the factors test for depraved heart murder?

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What defines involuntary manslaughter?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What constitutes negligent homicide under MPC 210.4?

A

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

17
Q

What is felony murder?

A

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.

18
Q

What are the restrictions on the felony murder doctrine?

A
  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.
19
Q

What is the inherently dangerous felony rule?

A

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

20
Q

What is independent felonious purpose?

A

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

21
Q

What defines the duration of the felony for felony murder?

A

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.

22
Q

What are the continuous transaction factors for felony murder?

A
  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?
23
Q

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

A

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