Homicide Flashcards
What is the presumption for unlawful homicide in Virginia?
Every unlawful homicide is presumed to be murder of the second degree.
What must the Commonwealth show to prove first-degree or aggravated murder?
The Commonwealth must make a prima facie showing that malice or premeditation exists.
What happens if the defendant presents evidence of a mitigating factor?
The burden shifts to the Commonwealth to prove the absence of such factor beyond a reasonable doubt.
Has Virginia abolished the ‘year-and-a-day’ rule?
Yes, Virginia has abolished the ‘year-and-a-day’ common law rule.
What is aggravated murder classified as in Virginia?
Aggravated murder is a Class 1 felony.
List three scenarios that define aggravated murder.
- Killing during an abduction with intent to extort or defile
- Killing by another for hire
- Killing of a law enforcement officer to interfere with duties
What is murder of the first degree classified as?
Murder of the first degree is a Class 2 felony.
What are the elements of murder of the first degree?
Murder by poison, lying in wait, imprisonment, starving, or any willful, deliberate, and premeditated killing not specified in aggravated murder.
What is the doctrine of transferred intent?
If one person intends to kill another but a third person is killed instead, intent is transferred to the third person.
Define felony murder.
Felony murder is murder committed in the commission or attempted commission of specified felonies.
What is the punishment for murder of the second degree?
Confinement for not less than five and not more than 40 years.
What constitutes murder of the second degree?
All other murders that are unlawful killings with malice.
What is felony homicide?
The killing of another accidentally or contrary to intent while committing a non-enumerated felony.
What is the punishment for the willful killing of a pregnant woman?
Imprisonment of not less than 10 and not more than 40 years.
What penalty does killing a fetus without premeditation carry?
Punishment is reduced to imprisonment of not less than five and not more than 40 years.
Define voluntary manslaughter.
An unlawful killing committed without malice, usually in the heat of passion.
What is the classification for voluntary manslaughter?
Voluntary manslaughter is punishable as a Class 5 felony.
What is involuntary manslaughter?
The accidental, unintentional killing during the commission of an unlawful act that is not a felony.
What is the classification for involuntary manslaughter?
Involuntary manslaughter is punishable as a Class 5 felony.
What constitutes aggravated involuntary manslaughter?
Killing with gross, wanton, and culpable conduct showing reckless disregard for human life.
What is required for involuntary manslaughter to apply?
There must be a causal connection between the unlawful act and the death.
T/F, All participants in a predicate felony, whether as P1 P2 of ABF, may be guilty of felony murder or homicide?
True
Can a D be tried and convicted of both substantive offense and conspiracy to commit that offense in the same trial?
YES, they do not merge.
They are separate crimes as each contains an element that the other does not.
