Homicide

Question 1

Common Law Homicide: Murder

Answer 1

Unlawful killing of another with malice aforethought:

1. Intent to kill
2. Intent to inflict serious bodily harm, or knowledge that action would inflict serious bodily harm
3. Extreme Recklessness (action shows extreme indifference to human life)
4. Felony Murder Rule

Question 2

CL: Felony Murder Rule

Answer 2

Any Intentional or accidental killing proximately cause during commission of a felony

Question 3

CL: Felony Murder Rule Limitations (3)

Answer 3

1. Applies only to inherently dangerous felonies
   - determined by nature of the crime in general, OR
   - circumstances involving case at hand
2. Merger Doctrine: underlying felony must have an independent felonious purpose (avoid upgrading manslaugter, neg. hom, etc. to murder)
3. Agency Approach: limit application to killings committed by the D or an accomplice

Question 4

Common Law Homicide: Voluntary Manslaughter

Answer 4

Killing would otherwise be murder if not for adequate provocation

Elements of provocation:

1. Defendant provoked (not by words)
2. Such that a reasonable person would lose self control
3. Defendant did not cool off
4. Reasonable person would not have cooled off

Question 5

Common Law Homicide: Involuntary Manslaughter

Answer 5

Unintentional killing without malice aforethought caused by

1. Recklessness/Criminal Negligence; OR
2. Unlawful act not amounting to felony (ex: speeding)

Question 6

MPC Homicide: Murder

Answer 6

Unlawful Killing of another if acting with:

1. Purpose; OR
2. Knowledge; OR
3. Extreme indifference to human life

Question 7

MPC Homicide: Manslaughter

Answer 7

1. Reckless Homicide:
   - D aware of substantial and unjustifiable risk, and his disregard reflects a gross disregard for standard of care a reasonable person would exercise in situation
2. Extreme Mental or Emotional Disturbance
   - D’s actions would normally be murder but was suffering from EMED for which there is a reasonable explanation or excuse
   - 2 Necessary factors
   - -1. D experienced intense feelings sufficient to cause loss of self control at time of homicide
   - -2. Reasonable explanation for distress determined from viewpoint of person in actor’s situation as they believe them to be

Question 8

MPC “Extreme Mental and Emotional Disturbance” v. Common Law “Heat of Passion”

Answer 8

EMED much more broad

1. Specific provocative act not necessary
2. Even if there is provocation, does not need to be perpetrated upon D
3. WORDS can Provoke

Question 9

MPC Homicide: Negligent Homicide

Answer 9

A criminally negligent homicide: not aware of risk, but a reasonable person should have been

Question 10

Name the Common Law Homicide Categories

Answer 10

Murder
Voluntary Manslaughter
Involuntary Manslaughter

Question 11

Name the MPC Homicide Categories

Answer 11

Murder
Manslaughter
Negligent Homicide

Question 12

Specific Jurisdiction: What are the Degrees of Murder?

Answer 12

1st degree: Premeditated Murder

2nd degree: all other homicides under murder requirement