Homicide Flashcards
1
Q
Murder Elements
A
- Unlawful Killing
- of a human being
- with malice aforethought
2
Q
Malice Elements
A
- Intent to kill,
- intent to inflict serious bodily injury,
- reckless indifference to unjustifiably high risk to human life (depraved heart),
- Intent to commit certain felonies (felony murder)
3
Q
Malice - Intent to Kill
A
▵ acts w/ purp. to kill or knowledge conduct will kill
4
Q
Depraved Heart Murder
A
- A killing that results
- from Reckless Indifference
- to unjustifiably high risk to human life
5
Q
Felony Murder Rule
A
- Unintentional
- Foreseeable Killing
- Prox. Caused by/during commission or
- attempted commission
- of inherently dangerous felony (BARRK)
6
Q
First Degree Murder
A
- Created by Statute
- Premeditation of specific intent to kill or
- Felony Murder
7
Q
Premeditation of specific intent to kill
A
- Thought about the killing, and
- Pd. of time elapsed between the thought & the the kill
8
Q
Second Degree Murder
A
- Any killing with Malice (Common Law Murder) or
- Default category if not 1st degree murder
9
Q
Voluntary Manslaughter
A
- Intentional Killing Mitigated by
- Adequate Provocation (Heat of Passion)
- Diminished capacity, or
- Imperfect Self Defense
10
Q
Adequate Provocation (Heat of Passion)
A
- ▵ must be adequately provoked
- Provocation would lead ord., reas. pers. to lose self control
- Reas. Pers. wouldn’t have cooled off by the time of the killing
11
Q
Imperfect Self Defense
A
- Honest
- Unreasonable
- Use of Deadly Force
12
Q
Involuntary Manslaughter
A
- Unintentional Killing
- committed with criminal negligence, or
- during unlawful act
13
Q
Involuntary Manslaughter - Committed w/ Criminal Negligence
A
- Grossly Negligent action,
- putting another at significant risk
- of serious injury/death
14
Q
Involuntary Manslaughter - During Unlawful Act
A
- killing committed in commission of a malum in se (wrong in itself) misdemeanor
- Killing committed in commission of felony thats not 1st or 2nd degree murder
