Homicide Flashcards
Elements of Murder
1) unlawful killing of human being
2) malice
A killing is unlawful when
1) without legal justification or excuse (no defense)
2) committed as a result of a criminal state of mind
What is the definition of malice?
The essential mens rea for murder at common law.
What are the two types of malice?
1) Express malice
2) Implied malice
What is the definition of express malice?
D intended to kill another human being
What are the elements of express malice?
1) purpose to kill
2) knowledge that her conduct would kill; or
3) intent to inflict grievous bodily harm although no intent to kill
What is the definition of implied malice?
Defendant caused death as a result of extreme reckless or criminal negligent conduct that manifested a wanton disregard for human life.
What are the elements of a strict liability crime?
Act + Result = guilt (regardless of mens rea)
What is concurrence?
Mental state must actuate (set in motion) conduct that produces a criminal result.
What are the three tests used to determine actual cause?
1) but for
2) substantial factor
3) acceleration
When is proximate cause required?
When intervening event occurs between D’s actual cause and criminal result.
Will a foreseeable intervening event supersede the Defendant’s responsibility?
No, it will not supersede and D is still liable.
Will an unforeseeable intervening event supersede the Defendant’s responsibility?
Yes, it will supersede and relieve D of liability and break causal connection to criminal result.
What are the elements of murder?
1) unlawful killing of human being
2) malice
What are the 3 ways to establish the mens rea of malice required for murder?
1) intent to kill
2) intent to inflict serious bodily harm
3) depraved heart murder
What is the deadly weapons doctrine?
Intent to kill inferred from D’s use of instrument designed to kill or used in manner likely to kill or inflict grievous bodily harm
What is the definition of depraved heart murder?
an unintended killing resulting from extreme risk creation that manifest wanton disregard for human life
What are the elements of depraved heart murder?
Unintentional killing resulting from:
1) reckless or grossly negligent conduct
2) that creates an extreme risk to others
3) and demonstrates wanton indifference to human life and conscious disregard of unreasonable risk of death or serious bodily injury.
What are the elements of Felony murder?
1) unintentional killing
2) proximately caused
3) during commission or attempted commission
4) of serious or inherently dangerous felony
What are the right types of felonies for felony murder?
1) Burglary
2) Arson
3) Rape
4) Robbery
5) Kidnapping
What are the elements of a right type of felony for the purposes of felony murder?
1) listed in statute; or
2) be independent of killing and inherently dangerous
What is the majority agency rule for co-felon liability?
Felon murder liability limited to killing committed by a hand of co-felon
What is the common law rule for co-felon liability?
Attaches to all felons for any homicide during felony, just requires proxy of death.
What is the common law/majority rule for 1st degree murder?
Proof that Defendant’s decision to kill was done with both premeditation and deliberation elevates 2nd degree murder to 1st degree murder.
What are the elements of first degree murder?
1) Malice
2) Premeditation
3) Deliberate
What length of time is required to qualify as premeditation?
Common law: can be immediate
Modern: some time is necessary but brief time is sufficient
What is the definition of voluntary manslaughter?
Voluntary manslaughter is an intentional killing mitigated by adequate provocation or other circumstances negating malice.
What is another name for voluntary manslaughter?
heat of passion
Describe the element of provocation for voluntary manslaughter?
A provocation that would lead a reasonable person to lose self control and fly into a sudden homicidal rage. (mere words are generally not enough and rage must be hot with little time to cool off)
What is the definition of involuntary manslaughter?
An unintentional killing resulting from unjustified risk creation ( recklessness or gross negligence) that is not sufficiently extreme to rise to level of implied malice
What is the misdemeanor manslaughter rule?
Unintentional killing that occurs during commission/attempt of misdemeanor or a non BARK Felony.
