Homicide

Question 1

5 possible guilty verdicts in homicide cases in PA

Answer 1

1. First Degree Murder
2. Second Degree Murder
3. Third Degree Murder
4. Voluntary Manslaugher
5. Involuntary Manslaughter

Question 2

Malice in First Degree Murder

Answer 2

1. Intentional killing
2. Premeditation and deliberation are satisfied when there is a conscious, specific intent to bring about the death

Example:

• killing by poison,
• killing by lying in wait
• intentional use of a deadly weapon on a vital part of the victim’s body

Question 3

Second Degree Murder

Answer 3

felony murder

∆ kills while engaged (either as principal or accomplice) in the commission of serious felony

Question 4

Felonies for felony murder

Answer 4

1. Burglary
2. Arson
3. Robbery
4. Rape or deviate sexual intercourse by force or threat of force
5. Kidnapping

Question 5

Where ∆ is an accomplice to felony, ∆ is guilty of felony-murder where:

Answer 5

1. Killing occurs during the commission of or an attempt to one of the listed felonies; and
2. killing was in furtherance of that felony

Question 6

Third Degree Murder

Answer 6

• ∆ actions show his wanton and willful disregard
• of an unjustified and extremely high risk
• that will result in death or serious bodily injury to another

Commonwealth must prove:

• ∆ took some action while consciously disregarding the most serious risk he was creating; and
• by that disregard, showed his extreme indifference to the value of human life

3rd degree murder also occurs where death is a result of ∆’s dispensing, prescribing, giving, selling, or distributing controlled substances in violation of PA drug laws

Question 7

Voluntary Manslaughter

Answer 7

Intentional killing without malice because:

1. ∆ acted under an intense passion that was so strong it rendered him incapable of cool reflection; OR
2. ∆ acts in unreasonable belief that he needed to use deadly force to protect himself or another from death, from serious bodily injury, or from being the victim of a serious felony.

Question 8

Involuntary Manslaugher

Answer 8

• Unintentional killing
• Committed by reckless or grossly negligent conduct

Reckless conduct occurs when:

• ∆ is aware of but consciously disregards a substantial and unjustifiable risk that death will result in circumstances where it is grossly unreasonable for him to disregard it

Gross negligence occurs when:

• ∆ should be aware of a substantial and unjustifiable risk that death will result, the risk being of such a nature that it is grossly unreasonable for the defendant not to recognize it