Homicide Flashcards
What constitutes criminal homicide under MPC 210.1?
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.
What is common law murder?
The killing of another person with malice aforethought.
What are the different types of murder by mental element?
- Intent-to-kill murder, 2. Intent-to-do-serious-bodily-harm murder, 3. Depraved-heart murder, 4. Felony murder.
What defines murder under MPC 210.2?
Criminal homicide constitutes murder when it is committed purposely or knowingly; OR recklessly under circumstances manifesting extreme indifference to the value of human life.
What is first-degree murder?
A homicide that is unjustified, premeditated, and done purposely or knowingly.
What is voluntary manslaughter?
The purposeful, knowing, or depraved heart killing of a human being while in a state of passion caused by adequate provocation.
What are the requirements for premeditation?
The defendant had a clear mind and was capable of deliberation, and the defendant deliberated and decided to kill the victim.
What is the premeditation time requirement?
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.
What factors indicate premeditation?
- Evidence of deliberation, 2. Evidence of planning activity, 3. A prior relationship showing motive, 4. The nature of the circumstances.
What must be proven for a finding of voluntary manslaughter?
- 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.
What is reasonable provocation per se?
Discovering a spouse committing adultery, enduring a battery.
What is depraved heart murder?
The reckless killing of a human being under circumstances manifesting extreme indifference to the value of human life.
What is ‘more than ordinary negligence’?
- 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.
What is the factors test for depraved heart murder?
- 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.
What defines involuntary manslaughter?
Extremely negligent conduct that creates a very high degree of risk or serious bodily injury to another, causing death, without intent to kill.