Homicide

Question 1

Two Types of Common Law Homicide

Answer 1

Murder– Malice Aforethought
Manslaughter– No Malice

Question 2

CL Murder Subtypes

Answer 2

Intent to Kill (ITK)
Intent to Cause Grievous Bodily Harm (IGBH)
Depraved Heart (DH)
Felony Murder (FM)

Question 3

CL Manslaughter Subtypes

Answer 3

Voluntary–
Sudden Heat of Passion (SHOP)

Involuntary:
Reckless Homicide (RH)
Negligent Homicide (NH)
Misdemeanor Manslaughter (MM)

Question 4

CL Homicide Step-By-Step Analysis

Answer 4

1. Did the D Intend to Kill V? (if NO, move to 2)
2. Did the D intend to cause grievous bodily harm to V? (if NO, move to 4)
3. Did the killing meet the requirements of voluntary manslaughter? (if NO, then 2nd degree murder ITK or IGBH).
4. Did the killing show the D acted with extreme recklessness or negligence manifesting a callous/depraved indifference to human life?
   (If NO, not considered Depraved, move to 5)
5. Did the killing occur during D’s commission of a felony? (if NO, move to 6)
6. Reckless/negligent homicide ?

Question 5

MPC Homicide 3 Types

Answer 5

Murder (1st Degree)
Manslaughter (2nd Degree)
Negligent Homicide (3rd Degree)

Question 6

MPC Murder

Answer 6

Purpose/Knowing

Recklessness with Extreme Indifference to Human Life

Question 7

MPC Manslaughter

Answer 7

Extreme Emotional Disturbance

Reckless Homicide

Question 8

Negligent Homicide

Answer 8

• Homicide committed negligently
• Felony of the third degree.