Homicide

Question 0

Modern considerations for the felony murder rule

Answer 0

1. Predicate felony is independent or collateral to the killing
2. Duration of the felony for purposes of the felony murder rule
3. Killing by a non-felon
4. Killing of a co-felon
5. The felony considered in itself
6. The felony considered in relation to the killing

Question 1

Analytical definition of criminal homicide

Answer 1

1. The commission of an act
2. That causes
3. The death
   4 of a human being
4. With the concurrent mens rea that renders the act unlawful

Question 2

Felony Murder Rule Common Law (perhaps)

Answer 2

The mens rea of malice for murder is proven if there is sufficient proof that a death results from the accused conduct during the commission or attempted commission of any felony. Such conduct need not be intentional, reckless or negligent

The death can be unforseeable and completely accidental but must be actually or proximately caused by the accused

Question 3

Criminal Homicide - Modernly

Answer 3

Unlawful killing of a human being by a human being is either with malice, without malice or vehicular

Question 4

Homicide at Common Law

Answer 4

The killing of a human by a human being

Not all homicides are criminal — accidental killings, justifiable homicides

Question 5

Murder

Answer 5

The unlawful killing (causing the death)
of a human being (common law) or
of another human being(modern)
with malice aforethought

Question 6

Who is a human being for purposes of homicide

Answer 6

A non-viable fetus may be the victim of homicide – at common law fetus was not a human being
A person who is brain dead has ceased to be a human being or
A person who is not breathing and has no pulse has ceased to be a human being (some jurisdictions)

Question 7

Malice Aforethought

Answer 7

At common law can be proven by proof of
intent to kill
intent to commit serious grevious great bodily injury
depraved heart or abandoned and malignant hear or extreme recklessness
felony murder

Question 8

The death of a person

Answer 8

Common law – respiration and pulsation ceases, year and a day rule
Modern jdx - brain death, cessation of all brain fxs

Question 9

Murder by degrees

Answer 9

Statutory standard – 1st degree is usually with premeditation and deliberation, some forms of felony murder and other special statutes

2nd degree– every other kind of murder

Question 10

Heat of Passion

Answer 10

To raise the issue of sudden quarrel/heat of passion, a defendant must produce evidence that
He was actually under the influence of some strong passion which overcame his reason
The passion was a result of a legally adequate provocation
There was insufficient time to cool off before performing the wrongful acts

Question 11

Unlawful Act - Manslaughter

Answer 11

Misdemeanor Manslaughter

A homicide is manslaughter where is occurs during the commission of unlawful act not amounting to a felony

Question 12

Manslaughter

Answer 12

Is the unlawful killing of another without malice aforethought

Question 13

Voluntary manslaughter

Answer 13

Intentional killing mitigated by heat of passion, extreme emotional disturbance

Question 14

Involuntary manslaughter

Answer 14

Criminally negligent or unlawful act

Question 15

Criminal Negligence - Manslaughter

Answer 15

A homicide is manslaughter when a person does an act, lawful in itself but in a unlawful manner and with gross negligence not amounting to depraved indifference to the value of human life.

Ex. pick up a gun believing it to be unloaded then fires it killing someone

Question 16

Abstract Theory - Felony Murder Rule

Answer 16

The court should view the predicate felony in the abstract

ie. does the felony by its very nature carry a high probability that a death will occur