Homicide Flashcards
What is homicide?
The unlawful taking of another person’s life. It can be classified into two types:
1. Murder
2. Manslaughter
What constitutes murder?
The unlawful killing of another person with malice aforethought.
What is malice aforethought?
Malice aforethought is the requisite mental state for murder, determined by:
1. Intent to kill
2. Intent to inflict serious bodily injury
3. Reckless disregard of an extreme risk to human life (depraved heart)
4. Felony murder
What is intent to kill in murder?
The specific intent to cause the death of another person.
- Jon buys a gun, hides outside Dan’s house, and shoots him when he walks out. Did Jon commit intent to kill murder?
Answer: Yes, this is premeditated killing with specific intent.
What does intent to inflict serious bodily harm mean in murder?
The defendant has no intent to kill but intends to cause serious bodily harm that could result in death.
- Jon hits Marino with a bat to break his legs, but Marino falls and hits his head and dies. What crime is Jon guilty of?
Answer: Murder, as Jon intended to inflict serious bodily harm, leading to death.
What is felony murder?
A death that occurs during the commission of a dangerous felony (BARRK: burglary, arson, rape, robbery, kidnapping).
- Jon robs a bank and shoots a security guard who dies. What type of murder did Jon commit?
Answer: Felony murder because the death occurred during a robbery.
What is depraved heart murder?
A killing caused by reckless disregard for human life. The defendant knew or should have known that their actions could cause death but acted anyway.
What establishes causation in homicide?
Causation requirements in homicide:
1. Malice aforethought — for murder
2. Actual Cause — “but for” cause OR substantial factor if multiple causes
3. Proximate Cause — death foreseeable from D’s actions
- D didn’t physically kill the victim, but their actions set off a series of events that led to the death. Is D guilty of homicide?
Answer: Yes, if their conduct was both cause in fact and proximate cause of the death.
What is transferred intent in homicide?
Intent to kill one person can transfer to another victim if the original victim is missed.
What is manslaughter?
The unlawful killing of another person without malice aforethought. It can be either voluntary or involuntary.
What is voluntary manslaughter?
Intentional killing mitigated by adequate provocation or other mitigating factors (e.g. imperfect self-defense).
What constitutes adequate provocation?
- Adequate provocation that inflames the passion of a reasonable person.
- Momentary passion rather than reason.
- No time to cool off.
- The defendant in fact does not cool off before the killing.
- Jon finds his wife cheating and kills the lover in a fit of rage. What crime did Jon commit?
Answer: Voluntary manslaughter due to adequate provocation and acting in the heat of passion.
What is imperfect self-defense?
Reduces the charge of urder to voluntary manslaughter in the following instances:
1. When a person honestly but unjustifiably believes deadly force is needed to prevent harm; OR
2. D started altercation that led to necessary use of deadly force.
What is the Rekindling Doctrine in homicide?
The Rekindling Doctrine allows D to argue that althought enough time has passed to cool off, another encounter with victim “rekindles” D’s heat of passion.
Usually in the form of mocks or taunts about initial provocation.
What is involuntary manslaughter?
A killing resulting from criminal negligence or recklessness, or an unlawful act (e.g., misdemeanor) that doesn’t rise to felony murder.
