homicide

Question 1

define common law homicide

Answer 1

unlawful killing of a human being (person born alive)

Question 2

define MPC homicide

Answer 2

purposely, knowingly, recklessly, or negligently causing the death of another human being

Question 3

define common law murder

Answer 3

an unlawful killing done with malice aforethought

Question 4

what are the three types of common law first degree murder?

Answer 4

(1) willful, deliberate and premeditated, (2) felony murder, (3) killing by poison or lying in wait

Question 5

what’s the difference between 1st and 2nd degree common law murder?

Answer 5

premeditation

Question 6

four types of second degree common law murder

Answer 6

(1) intentional killing other than 1st degree, (2) intentionally causing serious bodily injury but death (not intended) results, (3) felony murder if not 1st degree, (4) depraved heart murder

Question 7

define MPC murder

Answer 7

criminal homicide committed purposely or knowingly, or committed recklessly under circumstances manifesting extreme indifference to the value of human life

Question 8

define common law manslaughter

Answer 8

unlawful killing that is NOT done with malice aforethought

Question 9

define common law voluntary manslaughter

Answer 9

a killing that would otherwise be murder but is mitigated by heat of passion, or (2) imperfect self defense

Question 10

define “imperfect self defense”

Answer 10

unreasonably in fear of life

Question 11

how is common law voluntary manslaughter distinguished from common law second degree murder

Answer 11

adequate provocation (type of defense to reduce charge)

Question 12

define common law involuntary manslaughter?

Answer 12

reckless killing or grossly negligent manslaughter

Question 13

what’s the difference between common law depraved heart second degree murder and involuntary manslaughter

Answer 13

malice is needed for second degree - not for invol. manslaughter

Question 14

define MPC manslaughter

Answer 14

criminal homicide constitutes manslaughter when it is committed recklessly or under the influence of extreme mental or emotional disturbance for which there is reasonable explanation/excuse

Question 15

what is negligent homicide?

Answer 15

MPC ONLY - criminal homicide constitutes negligent homicide when it is committed negligently

Question 16

three elements of felony murder?

Answer 16

(1) death of someone in the course of commission of a felony, (2) defendant found guilty of a diff crime, so intent is not involved, (3) death is always an action not initially contemplated

Question 17

what are the limitations on felony murder?

Answer 17

enumerated (listed in statute) crimes, or inherently dangerous crimes

Question 18

what qualifies as first degree felony murder?

Answer 18

death during commission of an inherently dangerous felony (enumerated)

Question 19

what’s the mens rea of felony murder?

Answer 19

malice aforethought is inferred from the intent to commit the underlying crime

Question 20

what qualifies as second degree felony murder?

Answer 20

death during commission of a felony not specifically listed as qualifying as first degree

Question 21

when does felony murder merge?

Answer 21

when the underlying felony involves the intent to do serious bodily harm

Question 22

what’s the agency theory of felony murder?

Answer 22

agency theory of criminal liability limits it to those homicides committed by the felon or an agent of the felon (can be co defendant)

Question 23

what’s the proximate cause theory of felony murder?

Answer 23

liability attaches for any death proximately resulting from the unlawful activity, even the death of a co-defendant

Question 24

of the agency and proximate cause theories of felony murder, which is majority and minority?

Answer 24

agency theory is majority, proximate cause theory is minority

Question 25

What’s the misdemeanor manslaughter rule?

Answer 25

Like felony murder- prosecute for manslaughter when a death occurs during commission of a misdemeanor

Question 26

define depraved heart (2nd degree) common law murder

Answer 26

extremely reckless killing that shows indifference to value of human life

Question 27

what are the three types of MPC criminal homicide?

Answer 27

murder, manslaughter, and negligent homicide

Question 28

define premeditation

Answer 28

act with intention or knowledge that he will kill, when such intention or knowledge precedes the killing by any length of time to permit reflection