Homicide

Question 1

What are the two broad categories The classification of Homicide.

Answer 1

1. Lawful Homicide – Justified killings (e.g., self-defense, war, executions).
2. Unlawful Homicide – Criminal killings (e.g., murder and manslaughter).

Question 2

What are the Elements of Criminal Homicide.

For a prosecutor to convict someone of criminal homicide, they must prove three elements:

Answer 2

1. Actus Reus (Guilty Act)
2. Mens Rea (Guilty Mind)
3. Causation

Question 3

Actus Reus (Guilty Act)

Answer 3

Question 4

Mens Rea (Guilty Mind)

Answer 4

• The defendant must have had a criminal intent (mental state) when the act was committed.
• The different types of criminal homicide require different levels of intent:
  o Intentional killing → Murder.
  o Extreme recklessness → Depraved Heart Murder.
  o Criminal negligence → Involuntary Manslaughter.

Question 5

Causation

Answer 5

A defendant is only guilty of homicide if their actions directly/Actual or proximately caused the victim’s death.

Question 6

What is Actual Cause (“But For” Test)

Re: Causation

Answer 6

Actual Cause (“But For” Test)
* The death would not have occurred but for the defendant’s actions.
* Example: A doctor removes a terminally ill patient’s life support, causing them to die sooner than expected. The doctor’s action is the actual cause.

Question 7

What is Proximate Cause (“Legal Cause”)

Answer 7

• The death must be a foreseeable result of the defendant’s actions.
• If **something highly unusual **happens in between, it might break the chain of causation and relieve the defendant of liability.

Question 8

Is the following a example of Proimate Cause

Jack punches Tom in the face. Tom falls, hits his head on a rock, and dies. Jack proximately caused Tom’s death because it was foreseeable that hitting his head could be fatal.

Answer 8

Yes ✅ Proximate Cause Example:

Question 9

Is the following a example of Proimate Cause?

Alice pushes Bill into a pool. Bill swims safely to the edge but is struck by lightning and dies.

Answer 9

Alice did not proximately cause the death—the lightning strike was an unforeseeable intervening event.

❌ Not Proximate Cause Example:

Question 10

MURDER (Homicide with Malice Aforethought)

Answer 10

Murder is the unlawful killing of a human being with malice aforethought.

Question 10

Malice Aforethought (Four Types)

A person has malice aforethought if they:

Answer 10

1. Intended to kill someone.
2. Intended to cause serious bodily harm that resulted in death.
3. Acted with extreme recklessness (“depraved heart murder”).
4. Caused a death while committing a dangerous felony (“felony murder”).

Question 11

FOUR TYPES OF COMMON LAW MURDER

Answer 11

1. Intent-to-Kill Murder
2. Intent-to-Cause-Serious-Bodily-Injury Murder
3. Depraved-Heart Murder (Extreme Recklessness)
4. Felony Murder

Question 12

FOUR TYPES OF COMMON LAW MURDER

Intent-to-Kill Murder

Answer 12

• Definition: The defendant deliberately kills another person.
• Mens Rea: Specific intent to kill.
• Example:
  o Jake buys a gun, waits outside for his enemy, and shoots him in the head.
• Key Rule: Premeditation is required for first-degree murder (see degrees of murder below).

Question 13

FOUR TYPES OF COMMON LAW MURDER

Intent-to-Cause-Serious-Bodily-Injury Murder

Answer 13

• Definition: The defendant intended serious harm, but not necessarily death, and the victim died as a result.
• Example:
  o Jim swings a metal baseball bat at Bob’s head, causing a skull fracture. Bob later dies from brain swelling.
• Key Rule: Even though Jim only meant to injure Bob, the death makes it murder.

Question 14

FOUR TYPES OF COMMON LAW MURDER

Depraved-Heart Murder (Extreme Recklessness)

Answer 14

• Definition: The defendant acts with extreme indifference to human life.
• Mens Rea: Extreme recklessness (NOT intent to kill).
• Example:
  o Matt fires a gun into a crowd for fun, and someone dies.
  o A person drives 120 mph through a school zone and hits a pedestrian.
• Key Rule: No intent to kill is needed—just recklessness so extreme that it shows disregard for human life.

Question 15

FOUR TYPES OF COMMON LAW MURDER

Felony Murder

Answer 15

• Definition: A death occurs during the commission of a dangerous felony, and all felons are guilty of murder, even if they did not personally kill the victim.
• Key Felonies (“BARRK” Felonies):
  o Burglary
  o Arson
  o Robbery
  o Rape
  o Kidnapping
• Examples:
  o A robber fires a warning shot and accidentally kills a store clerk → Felony Murder.
  o A hostage dies from stress during a kidnapping → Felony Murder.

Question 16

What are the degrees of Murder

Answer 16

Question 17

MANSLAUGHTER (Homicide Without Malice)

Answer 17

1. Voluntary Manslaughter (“Heat of Passion”)
2. Involuntary Manslaughter

Question 18

Voluntary Manslaughter (“Heat of Passion”)

Answer 18

• Definition: Intentional killing, but committed in the heat of passion due to adequate provocation.
• Example:
  o John catches his wife cheating, immediately stabs her lover, and kills him.
• Key Rule: If there was time to cool off, it becomes murder instead.

Question 19

Involuntary Manslaughter

Answer 19

• Definition: Unintentional killing due to recklessness or criminal negligence.
• Types:
  1. Criminally Negligent Manslaughter:
   Example: A parent leaves a baby in a hot car, and the baby dies.
  2. Unlawful Act (Misdemeanor) Manslaughter:
   Example: A driver speeds through a school zone, hitting and killing a child.