Homicide

Question 1

Common law homicide types

Answer 1

(1) murder in the first degree
(2) murder in the second degree
(3) felony murder
(4) voluntary
(5) manslaughter
(6) involuntary manslaughter

Question 2

Murder

Answer 2

Murder (including both first-degree and second-degree murder, and felony murder) is generally defined as:
(1) causing
(2) the death
(3) of another human being
(4) with malice aforethought (mental state, first, second degree)

Question 3

First Degree Murder

Answer 3

Requires:
(1) premeditation (defendant thinks about it beforehand—even if only for a moment) and

(2) deliberation (e.g., the defendant makes a choice).

Deadly weapon rule: intentional use of a deadly weapon (an instrument or, in some cases, a part of the body, used in a manner likely to produce death or serious bodily injury) creates a permissive inference of an intent to kill.

Question 4

Second-degree murder

Answer 4

There are 3 mindsets that satisfy the malice aforethought mens rea for second-degree murder.

(1) Extreme recklessness
(2) Intent to cause grievous bodily harm and person ends up dying
(3) Catch all (whenever something is murder but is not first degree)

Question 5

Felony murder

Answer 5

Note: A killing during the commission of a misdemeanor or a felony that does not qualify for felony murder (e.g., a violation of a traffic law that results in death (misdemeanor manslaughter rule).

Question 6

Felony murder: common law limitations

Answer 6

(1) Inherently dangerous felony rule - felony must be inherently dangerous.

(2) The independent felony (merger) limitation - purpose of the conduct must be independent of the homicide

(3) The causation rule
(a) Proximate cause: a felon and the co-felons are all liable for felony murder so long as the felon “sets in motion” the acts that cause the death.
(b) Agency theory: felony murder does not apply if the person who causes the death is a non-felon.

Question 7

Manslaughter

Answer 7

(1) Voluntary manslaughter

(2) Involuntary manslaughter

Question 8

Voluntary manslaughter

Answer 8

Question 9

Involuntary manslaughter

Answer 9