Homicide

Question 1

Homicide

Answer 1

There’s a dead body
Two ways: murder or manslaughter

Question 2

MURDER

Answer 2

4 ways to commit murder
1. Intent to Kill
2. Intent to inflict serious bodily harm
3. Felony Murder
4. Depraved Heart Murder

Question 3

1. Intent to Kill - Murder

Answer 3

• premeditated killing
• specific intent

Question 4

2. Intent to Inflict Serious Bodily Harm - Murder

Answer 4

• no specific intent to kill
  (never infer specific intent to kill)

Question 5

3. Felony Murder

Answer 5

While in the course of committing a dangerous felony, a death occurs
1. Burglary
2. Arson
3. Rape
4. Robbery
5. Kidnapping

Question 6

4. Depraved Heart Murder

Answer 6

Reckless* disregard for human life
*You knew or should have known that a death could occur, and you acted anyway

Question 7

MANSLAUGHTER

Answer 7

2 types of manslaughter
1. Voluntary Manslaughter
2. Involuntary Manslaughter

Question 8

Voluntary Manslaughter

Answer 8

1. adequate provocation which put you in
2. a heat of passion, and you had no
3. time to cool off

*intent has nothing to do with manslaughter

Question 9

Involuntary Manslaughter

Answer 9

Negligent conduct causing a death

Question 10

Negligence (Involuntary Manslaughter) vs. Recklessness (Depraved Heart Murder)

Answer 10

Negligence: no people present (brooklyn bridge)
Recklessness: people present (empire state building)

Question 11

Common Law vs. Statute

Answer 11

common law: just murder or manslaughter
if they give statute: first degree (intent to kill)

Question 12

Imperfect Self-Defense
Someone is defending themselves, but using EXCESSIVE force because they honestly believe they need to use it.

Answer 12

Only Voluntary manslaughter

Question 13

Parent Neglecting a Child

Answer 13

Involuntary Manslaughter
NOT murder