Homicide

Question 1

Homicide

Answer 1

Killing of a human being by another.

Causation:

Actual Causation - But for cause

Proximate Causation - Intent of Defendant and result of conduct; only a superseding intervening act will cut liability.

Question 2

Murder

Answer 2

Unlawful killing of another committed with malice.

Malice - 1) intent to kill, 2) intent to cause serious bodily harm, 3) wanton and reckless conduct, or 4) felony murder rule.

Question 3

First Degree Murder

Answer 3

1) specific intent to kill with premeditation (thought/reflection) and deliberation (not impulsive).
2) Poison, bomb, torture, ambush
3) Statute
4) Felony Murder

Question 4

Felony Murder - General

Answer 4

Felon kills Victim

CL - unintended homicide committed in the perpetration or attempt of an inherently dangerous felony (BARRM KSS).

ML - homicide committed in perpetration or attempt of any felony committed in a dangerous manner

Lesser included crimes do not qualify ( assault, battery).

Must be in zone of perpetration, once temporary safety is reached the felony is over.

Question 5

Felony Murder - Special

Answer 5

Victim kills Felon:

CL - Co-felon is guilty.
ML - Co-felon not guilty.
Minority - Co-felon not guilty.

Victim kills Innocent:
CL - Felony murder applies.
ML - Felony murder does not apply.

Question 6

Second Degree Murder

Answer 6

All murder that is not first degree murder.

Question 7

Self Defense

Answer 7

Reasonable amount of force to necessary to prevent attack

Majority - No requirement to retreat
CL/Minority - Requires retreat when it can be done in complete safety

Question 8

Defense of Others

Answer 8

CL - Other threatened with death or serious bodily harm and a special relationship exists.

Majority - Special relationship not required; steps into shoes of victim, allows for reasonable mistake.

Minority - Step into shoes of victim, reasonable mistake not allowed.

Question 9

Defense of Property

Answer 9

Limited to home.

ML - requires reasonable belief felon y or harm intended.

Question 10

Prevention of Crime

Answer 10

CL - Deadly force can be used to prevent perpetration of a felony.

ML - Deadly force limited to present public danger, police can use deadly force to prevent dangerous felony.

Question 11

Necessity

Answer 11

Kill 1 to save 1,000; rare.

Question 12

Insanity

Answer 12

M’Naghten Rule - because of mental disease, Defendant did not know what he did was morally wrong or did not know the nature/quality of act.

Irresistible Impulse - Inability to control the conduct; klepto.

MPC - Because of mental disease Defendant lacks the substantial capacity to know what he did was morally wrong or control their conduct.

Durham Rule - If crime was a product of mental illness.

Durham

Question 13

Diminished Capacity

Answer 13

Something less than insanity, homeless or addicts; negates specific intent.

Question 14

Infancy

Answer 14

0-6: Conclusively presumed innocent
7-14: Regrettably presumed innocent
14 and up: charged as juvenile or adult

Question 15

Intoxication

Answer 15

Involuntary - Drugged, bad reaction or forced; same as insanity
Voluntary - No excuse, can only negate specific intent

Question 16

Voluntary Manslaughter

Answer 16

Intentional criminal homicide with malice and mitigating factor:

Mitigating Factors:
1) Heat of Passion - a) adequate provocation; objective, b) in fact provoked, c) no time to cool off; objective; actual loss of mental equilibrium.

Words of provocation not enough; informational words can be enough.

2) Imperfect Self-Defense - exceed force necessary
3) Mistaken Justification - Defense of Others
4) Coercion - Kill to not be killed
5) Diminished Capacity - Short of Insanity

Question 17

Involuntary Manslaughter

Answer 17

Unintentional homicide without malice.

1) Misdemeanor Manslaughter
2) Non-dangerous felonies
3) Criminal Negligence - Michael Jackson, not Wanton conduct.