Homicide

Question 1

Definition of homicide

Answer 1

Unlawful killing of a human being by another human being

Question 2

Year + Day Rule

Answer 2

o CL – victim needs to die within 1 year and a day of injury – before
o Today – most states have now moved away from this rule

Question 3

Rule of Lenity

Answer 3

o Strict construction of statutes – narrowly construed

- When statutes are unresolvedly ambiguous, read narrowly, in favor of D

Question 4

Rule of Specificity

Answer 4

o When a statute creates a crime, it must be specific enough to give notice

Question 5

Legality Principle

Answer 5

o Whatever Legislature wants to do is fine, but it’s not our job to decide.

Question 6

Did MPC combine all intentional killings into murder except for EMED crimes?

Answer 6

Yes. MPC combined all intentional killings into murder. Except for EMED crimes - Manslaughter.

Question 7

HEAT OF PASSION KILLINGS - CL & PA SCHEME - ELEMENTS

Answer 7

o Sudden
o Heat of Passion
o Caused by
o Adequate Provocation - An amount that would be excited in the circumstances by an ordinary person
o Before Reasonable Opportunity to Cool Off

Question 8

How is Extreme Mental or Emotional Disturbance - MPC - DIFFERENT FROM HEAT OF PASSION?

Answer 8

• We allow for gradual buildup
• Caused By – use this doctrine no matter who this person killed
• Reasonable Provocation – moment of a crime – is that person in EMED at the time? - Subjective approach AND reasonableness.
• No formal requirement of cooling off - RP standard.

Question 9

At common law, is an UNINTENTIONAL extremely reckless killing manslaughter?

Answer 9

Yes, at common law, an unintentional extremely reckless killing is manslaughter.

Question 10

Three categories that move up to murder in CL are:

Answer 10

1. Depraved Heart Murder
2. Intent to Cause Bodily Injury
3. Felony Murder

Question 11

INTENT TO CAUSE SERIOUSLY BODILY INJURY

Answer 11

Making equal where D wants to kill + Where D wants to cause serious bodily harm

Question 12

DEPRAVED HEART MURDER

Answer 12

If a person doesn’t care if someone dies.

Question 13

FELONY MURDER - CL

Answer 13

• Originally underlying intentional felony + in that course, someone dies.
  o Ex of unintentional killings bumped up to murder

Question 14

FELONY MURDER - PA SCHEME

Answer 14

2nd Degree Murder UNLESS IT IS A SPECIFIC KIND OF FM under a statute - then 1st degree.

Question 15

4 MAJOR LIMITATIONS TO FELONY MURDER

Answer 15

1. Inherently Dangerous Felony
2. Independant Felony/Merger Limitation
3. Res Gestae
4. “In Furtherance Of” / Non-Felon Killing

Question 16

Inherently Dangerous Felony - LIMIT TO FM

Answer 16

1. Dangerous to human life
2. Significant risk of death
3. Cannot use in PA scheme for specified FM.

Question 17

Independent Felony/Merger Limitation

Answer 17

a. If the underlying felony is NOT independent of the homicide that you’re trying to merge it with
b. Assault cases, for example.
i. Intending to assault, and victim dies – still not Felony Murder.
c. cannot use for specified FM.

Question 18

Res Gestae - LIMIT TO FM

Answer 18

a. Death must happen during the commission of felony for it to count as FM
b. During or immediately after AND before FLIGHT has ended or felony has ended.

Question 19

“In Furtherance Of” / Non-Felon Killing - LIMIT TO FM

Answer 19

a. unrelated deaths can’t count as basis for FM