Homicide

Question 1

Homicide - Definition & Elements

Answer 1

Homicide - the killing of a living human being by another human being

• Animals - can’t have homicide with animal
• Cannot have homicide with someone who is already dead
• Suicide is not homicide, but assisting someoen can be homicide

Causation - must be causation between D’s action and what happened to victim

• Actual Causation - victim would not have died but for what the defendant did
• Proximate Causation - the act that the D committed foreseeably caused the victim’s death

Types of Homicide - 1st degree, common law murder, manslaughter

Question 2

First Degree Murder

Answer 2

Requires specific intent

Question will tell you if the case involces 1st degree murder

Exam Tip - assume question involves common law murder or manslaughter unless told otherwise

Question 3

Common-Law Murder

Answer 3

Exam Note - most murders on the bar exam will be common-law murder

A. Defintion - the unlawful killingofanother human being committed with malice aforethought

• Unlawful - lawful does not achieve (e.g., state executes someone)
• Has to be killing of another, not yourself

B. Four Kinds of Malice

1. Intent to Kill - the D acted with the desire that the victim would be killed; need not be pre-premeditated and may be formed in a second
2. Intent to Inflict Serious Bodily Harm - D intented to hurt the victim badly, and victim died
3. Abandoned Heart - the D acted with a cavalier disrfegard for human life and death resulted; D must recognize the conduct is extremely risky (e.g., russian roulette)
4. Felony Murder - death occured during the comission or attempted commission of a dangerous felony (“BARRK”)

BARRK - burglary, arson, robbery, rape, kidnapping

Note - deaths caused by other felonies get the label of misdemeanor manslaughter; felony murder can involve someone who resister to a felony, bystander is killed during a felony, third person killed by a resister or police officer; BUT if co-felon killed by resister or police officer, then the D is not guilty of felony murder

C. Malice Murder - is a general intent crime, unreasonable mistake of facts and voluntary intoxication are not defenses

Question 4

Manslaughter

Answer 4

A. Defintion - all unlawful killings of another human being that aren’t first degree murder or common law murder; two types - voluntary and involuntary

B. Voluntary Manslaughter - when D does intend to kill the victim but acted in the “heat of passion” or “under extreme emotional disturbance”

Test - did D have time to cool off

Note - hearing about spouse cheating on you is not sufficient to qualify as “heat of passion”

C. Involuntary Manslaughter - D engages in criminally negligent conduct that causes a death (e.g., traffic death)

Note - includes commission of crime that aren’t BARRK

Question 5

Ohio - Homicide - List

Answer 5

1. Aggravated murder (1st degree murder)
2. Murder (second degree murder)
3. Voluntary Manslaughter
4. Involuntary Manslaughter
5. Reckless Homicide
6. Negligent Homicide

Question 6

Ohio - Homicide - Aggravated Murder

Answer 6

Requirements - any one of the following:

1. a person purposely and with prior calculation and design causes the death of another

Focus is on actions of the D

2. purposely causes the death of another when committing kidnapping, rap, aggravated arson, aggravated robbery, robbery, aggravated burglary, burglary, terroris, or prison escape

3. purposely causing the death of another while under detetion as a result of being found guilty or entering a guilty plea to a felony

4. person purposely causes the death of someone under the age of 13

5. person purposely causes the death of a law enforcement office and D had reasonble cause to know victim was an officer AND officer was engaged in his duties or D had specific purpose of killing the officer

Question 7

Ohio - Homicide - Murder

Answer 7

Requirements - person purposely causes another’s death (need not prove prior calculation

Question 8

Ohio - Homicide - Felony-Murder

Answer 8

Requirements - person causes another’s death as a proximate cause of committing or attempting to commit a violent first or second degree felony so long as the violent act is not elevated to first or second degree status as a result of prior conviction

no crime of attempted felony crime in ohio

Question 9

Ohio - Homicide - Other Killings

Answer 9

Voluntary Manslaughter - requirements:

1. D knowingly caused another’s death
2. D under the influence of a sudden passion
3. brought on by serious provocation by the victim and
4. provocation is of a type that is reasonably sufficient to incite the person to use deadly force

Involuntary Manslaughter - homicide that occurs as a proximate result of comitting an unlawful act that is a misdemeeanor, regulatory offense, and not listed in the aggravted murer statute

Reckless Homicide - homicide committed with reckless intent

Negligent Homicide - homicide committed with criminal negligience by means of a deadly weapon

Deadly Weapon - any instrument capable of inflicitng death and is adapted for use as a weapon or is used as a weapon