Homicide

Question 1

Common Law Criminal Homicide

Answer 1

1. Murder
2. Voluntary Manslaughter
3. Involuntary Manslaughter

Question 2

Murder (CL)

Answer 2

Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following stated of mind:

1. intent to kill
2. intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life (“abandoned” or “malignant heart”)
4. Intent to commit a felony (felony murder)

Question 3

Voluntary Manslaughter (CL)

Answer 3

Killing that would be murder but for the existence of adequate provocation. Provocation is adequate only if:

1. It was provocation that would arose sudden and intense passion in the mind of an ordinary person, causing him to lose self-control (expsoure to a threat of deadly force, finding your spouse cheating, or being the victim of a serious battery)
2. The D was in fact provoked
3. There was not sufficient time between provocation (or provocations) and killing for passions of reasonable person to cool; AND
4. The D in fact did not cool off between the provocation and the killing.

Question 4

Imperfect Self-Dense

Answer 4

Murder may be reduced to manslaughter even though:

1. D was at fault in starting the altercation; or
2. the D unreasonably but honestly believed in the necessity of responding with deadly force

Question 5

Involuntary Manslaughter

Answer 5

Committed with criminal negligence (or recklessness under MPC) or in some states, during the commission of an unlawful act (misdemeanor or felony not included in felony murder rule). Foreseeability of death also may be a requirement.