Homicide

Question 1

What is the definition of common law murder?

Answer 1

Causing the death
Of another person
With malice aforethought

Question 2

What are the 4 ways to demonstrate malice for murder?

Answer 2

1. Express malice (the intent to kill)
2. Intent to inflict serious bodily injury
3. Extreme recklessness
4. Felony murder (through intent to commit and inherently dangerous felony)

Question 3

When can you infer express malice, as the mental state for murder?

Answer 3

When the defendant uses a deadly weapon

OR

Through the doctrine of transferred intent (from one victim to the actual victim)

Question 4

What is the common law definition for voluntary manslaughter?

Answer 4

A killing that would otherwise be murder
Committed in the heat of passion
Upon adequate provocation

Question 5

What are the 4 requirements for “provocation,” to meet the test for voluntary manslaughter?

Answer 5

1. The provocation would arose a sudden and intense passion in the mind of a reasonable person
2. Defendant is actually provoked (subjective)
3. A reasonable person would not have had time to cool off between provocation and the killing (objective test)
4. Defendant did not actually cool off (subjective)

Question 6

What are the two types of involuntary manslaughter?

Answer 6

1. A killing that is committed during a felony (for which the felony murder doctrine doesn’t apply)
2. Unintentional killing (either negligently or recklessly)

Question 7

Under the statutory modifications to murder, all murder are second degree murder, unless the prosecution can prove what?

Answer 7

1. There was an intentional killing that was DELIBERATE and PREMEDITATED
2. A killing occurred during the course of a dangerous felony

Question 8

For FDFM to be committed, when must the killing take place?

Answer 8

According to the Res Gestae Rule: Either during the commission of the felony or during flight from the scene.

Once the felon reaches a place of temporary safety, the felony ends

Question 9

In order for FDFM to be committed, the death must be…?

Answer 9

Foreseeable

Question 10

For FDFM, what is the Proximate Cause Theory?

Answer 10

If one felon proximately causes the death of another person, then all other felons are guilty of that person’s murder, even if the death was actually caused by a third party

Question 11

Under the rules of FDFM, what is the Agency Theory?

Answer 11

You will only be guilty of a person’s death during the commission of the felony, if it was caused by you or one of your co-felons (not by a third party)