Homicide

Question 1

Murder

Answer 1

The unlawful killing with malice afterthought

Question 2

Murder MPC

Answer 2

Purpose, knowledge Extreme recklessness
P- A conscience objective

Knowledge - conscious disregard of a substantial and unjustified risk, that’s a gross deviation of what a reasonable person would do

ER – an extreme indifference to human life with probability that the result will occur

Question 3

Voluntary manslaughter MPC

Answer 3

EMED – Reduces D’s mental state. There must be a reasonable explanation to cause a person to be overwhelmed. No cooling off necessary and words alone can be enough

Question 4

Involuntary Manslaughter MPC

Answer 4

Recklessness’ - Must be a gross deviation from what a reasonable person would do, with a conscious disregard of a substantial and unjustified risk.

Question 5

CL 1st degree murder

Answer 5

Premeditation – D has some length of time to think about the murder

Deliberation – D weighed his options motives

Willfulness- D has the purpose or conscious objective to commit the AR

Question 6

2nd degree M (Malice murder)

Answer 6

Expressed malice – The D has the intent to kill or to cause serious bodily injury,

Implied malice – Established by D acting with a depraved heart. D acts with a a Depraved heart, Acting with extreme recklessness. When he acts with a base anti-social motive and his conduct carries a high prop of death. Regular recklessness is not enough, it does not matter if D did not intend to kill, as long as his actions were a exhibited an anti-social motive , and his conduct was a gross deviation from what reasonable person would do

Question 7

Voluntary manslaughter CL (heat of passion)

Answer 7

Provoked from a sudden heat of passion
The categories of provocation
1. Assault and battery
2. Observation of adultery
3. Mutual combat
4. Injury to a family member or friend

The Provocation test

Adequate provocation

Actual provocation

No cooling off period
No actual cool off + must meet one of the CL categories and be what a reasonable person would do.

Question 8

Involuntary Manslaughter CL

Answer 8

Recklessness or Criminal negligence
R – A conscious disregard of an substantial and unjustified risk that’s a gross deviation from what a reasonable person would do.
CN – D should have been aware of a substantial and unjustified risk. There mb a strong possibility that the risk would occur, and a gross deviation from what a reasonable person would do.

Question 9

Enumerated predicate felony list

Answer 9

Rape
Arson
Burglary
Robbery

Question 10

Unenumerated

Answer 10

Unenumerated - Inherently dangerous and independent cause other than causing death or harm

Question 11

Proximate cause Jurisdiction

Answer 11

Proximate cause J any death caused in the act of the of the felony - A man goes into the bank to commit a robbery, and a cop shoots and accidentally kills a innocent bystander

Question 12

Agency Jurisdiction

Answer 12

For a felon to be convicted of felony murder, it must be done by the defendant themselves or an agent of the defendant or agent of the defendant (co felon) - for ex if a cop accidentally shoots a third party, the defendant can not be charged, even if a co felon is killed same princple

Question 13

Right Time - when is the felony over ??

Answer 13

When is the crime complete?
Immediate flight
Victim’s resistance - can prolong the felony itself
Has the victim been arrested or in apparent safety

Question 14

When does the felon start

Answer 14

The felony begins when the defendant can be prosecuted or convicted if he can be charged with attempt =

Start of the felony
Substantial step test - If the defendant has made a substantial step towards the point of the crime it’s a substantial step

MPC If the defendant is engaged in a felony and there is a presumption that there is depraved heart or extreme depraved heart - Presumption of recklessness, Recklessness with extreme indifference to human life