Homicide

Question 1

COMMON LAW MURDER

Answer 1

Murder is the unlawful killing of a human being with malice aforethought.

Question 2

Malice Aforethought Exists If: (CL Murder)

Answer 2

There are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following states of mind:

• Intent to kill
• Intent to inflict great bodily injury
• Reckless indifference to an unjustifiably high risk to human life (“abandoned and malignant heart” or “depraved heart”); or
• Intent to commit a felony (felony murder)

Intentional use of a deadly weapon authorizes a permissive inference of intent to kill.

Question 3

A murder will be second degree murder (similar to common law murder) unless it comes under the following circumstances, which would make it first degree murder:

Answer 3

Deliberate and Premeditated First Degree Murder

First Degree Felony Murder

Question 4

Deliberate and Premeditated First Degree Murder

Answer 4

If the defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a very brief period

Defendant must have acted with intent or knowledge that their conduct would cause death.

Question 5

First Degree Felony Murder

Answer 5

A killing committed during the commission of an enumerated felony is felony murder and called first degree murder.

Question 6

First Degree Felony Murder Enumerated Felonies

Answer 6

Burglary, arson, rape, robbery, and kidnapping, but other felonies that are inherently dangerous to human life are often specifically added.

Question 7

Second Degree Murder

Answer 7

Usually classified as a depraved heart killing (a killing done with a reckless indifference to an unjustifiably high risk to human life) or any murder that is not classified as a first degree murder.

Question 8

Felony Murder

Answer 8

Any death—even an accidental death—caused in the commission of, or in an attempt to commit, a felony is murder. Malice is implied from the intent to commit the underlying felony.

Question 9

Felony Murder - Limitations on Liability

Answer 9

(1) The defendant must have committed or attempted to commit the underlying felony; a defense that negates an element of the underlying offense will also be a defense to felony murder.

(2) The felony must be distinct from the killing itself (for example, commission of aggravated battery that causes a victim’s death does not qualify as an underlying felony for felony murder liability).

(3) Death must have been a foreseeable result of the felony (a minority of courts require only that the felony be malum in se).

(4) The death must have been caused before the defendant’s “immediate flight” from the felony ended; once the felon has reached a place of “temporary safety,” subsequent deaths are not felony murder.

Question 10

“Proximate Cause” Theory

Answer 10

Felons are liable for the deaths of innocent victims caused by someone other than a co-felon. (Majority)

Question 11

“Agency” Theory

Answer 11

Felons are liable for the deaths of innocent victims caused by their agent (Accomplice)

Question 12

Voluntary manslaughter is a killing that would be murder but for:

Answer 12

The existence of adequate provocation.

Question 13

Provocation is adequate only if:

Answer 13

It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control

The defendant was in fact provoked

There was not sufficient time between provocation (or provocations) and the killing for passions of a reasonable person to cool;

The defendant in fact did not cool off between the provocation and the killing

Question 14

Imperfect Self-Defense

Answer 14

Some states recognize an “imperfect self-defense” doctrine under which murder may be reduced to manslaughter even though (1) the defendant was at fault in starting the altercation; or (2) the defendant unreasonably but honestly believed in the necessity of responding with deadly force

Question 15

A killing is involuntary manslaughter if it was committed:

Answer 15

With criminal negligence (or by “recklessness” under the M.P.C.) or

In some states, during the commission of an unlawful act (misdemeanor or felony not included within felony murder rule). Foreseeability of death also may be a requirement.

Question 16

Year and a Day Rule

Answer 16

Traditionally, for a defendant to be liable for homicide, the death of the victim must occur within one year and one day from infliction of the injury or wound. Most states that have reviewed this rule have abolished it.