homicide Flashcards
define common law homicide
unlawful killing of a human being (person born alive)
define MPC homicide
purposely, knowingly, recklessly, or negligently causing the death of another human being
define common law murder
an unlawful killing done with malice aforethought
what are the three types of common law first degree murder?
(1) willful, deliberate and premeditated, (2) felony murder, (3) killing by poison or lying in wait
what’s the difference between 1st and 2nd degree common law murder?
premeditation
four types of second degree common law murder
(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
define MPC murder
criminal homicide committed purposely or knowingly, or committed recklessly under circumstances manifesting extreme indifference to the value of human life
define common law manslaughter
unlawful killing that is NOT done with malice aforethought
define common law voluntary manslaughter
a killing that would otherwise be murder but is mitigated by heat of passion, or (2) imperfect self defense
define “imperfect self defense”
unreasonably in fear of life
how is common law voluntary manslaughter distinguished from common law second degree murder
adequate provocation (type of defense to reduce charge)
define common law involuntary manslaughter?
reckless killing or grossly negligent manslaughter
what’s the difference between common law depraved heart second degree murder and involuntary manslaughter
malice is needed for second degree - not for invol. manslaughter
define MPC manslaughter
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
what is negligent homicide?
MPC ONLY - criminal homicide constitutes negligent homicide when it is committed negligently
three elements of felony murder?
(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
what are the limitations on felony murder?
enumerated (listed in statute) crimes, or inherently dangerous crimes
what qualifies as first degree felony murder?
death during commission of an inherently dangerous felony (enumerated)
what’s the mens rea of felony murder?
malice aforethought is inferred from the intent to commit the underlying crime
what qualifies as second degree felony murder?
death during commission of a felony not specifically listed as qualifying as first degree
when does felony murder merge?
when the underlying felony involves the intent to do serious bodily harm
what’s the agency theory of felony murder?
agency theory of criminal liability limits it to those homicides committed by the felon or an agent of the felon (can be co defendant)
what’s the proximate cause theory of felony murder?
liability attaches for any death proximately resulting from the unlawful activity, even the death of a co-defendant
of the agency and proximate cause theories of felony murder, which is majority and minority?
agency theory is majority, proximate cause theory is minority
What’s the misdemeanor manslaughter rule?
Like felony murder- prosecute for manslaughter when a death occurs during commission of a misdemeanor
define depraved heart (2nd degree) common law murder
extremely reckless killing that shows indifference to value of human life
what are the three types of MPC criminal homicide?
murder, manslaughter, and negligent homicide
define premeditation
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
