Homicide Flashcards
Homicide
dead body; killing of another
Homicide can be either _____ or _____
murder or manslaughter, but not both
MURDER – when you see a q John is on trial for murder – be thinking of four definitions/types
(1) intent to kill murder
(2) intent to inflict serious bodily harm
(3) felony murder
(4) Depraved heart
intent to kill murder
– specific intent here; how will you know on mbe – they will tell you
intent to inflict serious bodily harm
(wanted to badly injure him but he died as a result of that)
felony murder
(while in the course of committing a dangerous felony, there is a death) –
BARRK (burglary, arson, rape, robbery, kidnapping)
Depraved heart
(acted with reckless disregard to human life ; reckless means knew or
shouldve known someone couldve died but I acted anyway)
Manslaughter – two types
Voluntary and involuntary
voluntary manslaughter
adequate provocation
which put you in a heat of passion
and you had no time to cool off —never mention the word intent with voluntary manslaughter
invol manslaughter
criminal negligence and someone died; you acted negligently and someone died;
you committed a misdemeanor and someone died as a result that’s also enough for invol
manslaughter
–never mention intent
Difference between acting recklessly v. acting negligently
is imp because
imp because it differentiates depraved heart murder or involuntary manslaughter
how do you know reckless conduct in the facts?
presence of people, raises the conduct level
where you should’ve known –depraved heart
if I’m by myself – most likely negligent conduct –involuntary manslaughter
No matter what they describe in the fact pattern – if they say – if charged with murder, will john be
guilty?
NEVER pick an answer about manslaughter. Once you know what the issue is, your
answer must be connnected to that, so it has to be about one of the four kinds of murder. You
wont agree with every conclusion they come up with, shut up and pick it.
DEGREES of murder
Once in a while, it’ll tell you in the facts, that murder in the 1st degree is defined as..etc. etc.
Once you see in the hypo that they’re giving you a statute, now you apply your statutory lang –
they’re taking the four types of murder and the two types of manslaughter, and they’re putting it in
degrees.
Imperfect self defense
if someone is defending themselves but they are using excessive force
however they honestly believe they need to use excessive force in defending themselves and they
kill someone, they will be guilty of VOLUNTARY manslaughter
