Homicide

Question 1

Homicide at common law

Answer 1

The killing of a human a human being

Question 2

Homicide modern law

Answer 2

The killing of a human being by another human being

Question 3

2 Types of criminal homicide

Answer 3

(1) murder

(2) manslaughter

Question 4

3 Types of murders

Answer 4

(1) Intentional
(2) Reckless
(3) Felony

Question 5

3 Types of Manslaughter

Answer 5

(1) Voluntary
(2) Involuntary
(3) Misdemeanor

Question 6

Killing with malice must in include one of the four:

Answer 6

(1) Intention to kill a human being
(2) intention to inflict grievous bodily harm to human being
(3) extremely reckless disregard for the value of human life/abandoned or malignant heart/depraved indifference to the value of human life, or
(4) intention to commit a felony, during which death results

Question 7

Penn Model

Answer 7

• Divided murder into degrees
• Murder in first degree = death penalty
• Murder in second degree = imprisonment
• Divided manslaughter into voluntary and involuntary
• Most states follow

Question 8

Second Degree Murder

Answer 8

• Intentional killings that are not premeditated
• Intent to commit grievous bodily injury killings; and
• Reckless (depraved heart) killings, and
• Killings that occur during the commission of an unspecified felony

Question 9

Common Law Born Alive Doctrine

Answer 9

A human being is a person who has been born and is alive

Question 10

TN Law of fetus

Answer 10

A viable fetus is a victim of a homicide (except lawful abortion)

Question 11

Common Law “Year and a day” rule

Answer 11

A homicide would fail if the victim died more than a year and one day after the triggering injury the eventually caused the victim’s death