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CRIM > Homicide > Flashcards

Homicide Flashcards

1
Q

COMMON LAW

Murder

The unlawful killing of a human being by

another human being with_ _

and definition of ^ ^ ^

A

The unlawful killing of a human being by another human being with malice aforethought

Malice Aforethought: Legal term of art for the mens rea of murder

Can mean just about anything; have to look at the statute

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2
Q

Common Law

4 Elements of First Degree Murder

A

1) Intent to kill with willful premeditation and deliberation
2) Killing by a certain means (Poison, Lying in wait, Explosive or Incendiary)
3) Killing during the commission or attempted com of an enumerated felony (BARRKS)
4) Killing of a special person

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3
Q

Common Law

Second Degree Murder

Five Factors

A

1) Intent to kill w/out premeditation and deliberation
2) Intent to inflict serious bodily harm
3) Killing in the context of extreme recklessness→ Wanton, callous disregard of a substantial and unjustifiable risk
4) Depraved Heart Murder
- Killing that occurs under the circumstances evincing a depraved indifference to the value of human life; an abandoned and malignant heart
5) During the commission or attempted commission of an unenumerated felony

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4
Q

Common Law

Voluntary Manslaughter
(w/out malice aforethought)

Definition and four elements

A

Killing that occurs in the sudden heat of passion as a result of adequate provocation.

1) Heat of Passion

  • Relates to D’s mens rea
  • Jealousy, anger, grief, any real strong emotion will be sufficient

2) Adequate provocation?

  • Need the kind of provocation that would cause the reasonable person to lose control such that they might act out of passion rather than reason, to render them incapable of self-control or calm reflection (not adequate provocation to kill)

3) Reasonable opportunity to cool off?

4) Causal Connection b/w provocation, heat of passion, and the killing?

(Usually a defense- mitigates 1st degree down)

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5
Q

Common Law

Involuntary Manslaughter

  1. Definition of IM
  2. Reckless Killing
  3. Killing by gross negligence
  4. Misdemeanor manslaughter
A

No intent to kill, really an accident

Reckless Killing: Conscious disregard of a substantial and unjustifiable risk to human life (not extreme reckless- 2nd degree)

Killing by gross negligence: Person should be, but is not, aware that hi conduct is very unjustifiably risky

Misdemeanor Manslaughter
Killing during the commission or attempted commission of a misdemeanor

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6
Q

MPC

Murder

A

• Unjustifiably and inexcusably, and in the absence of mitigating circumstances, kills another:

o 1. Purposefully or knowingly or
o 2. Recklessly, under the circumstances evincing extreme indifference to the value of human life

• Basically murder if actor intentionally takes a life or acts with extreme recklessness

No malice aforethought

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7
Q

MPC Manslaughter:

Have to show D_ _ killed another

Can show

A

• D recklessly kills another

Do not have to manifest extreme indifference (like under murder)

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8
Q

MPC

Criminally Negligent Homicide

A

Negligently causing the death of another human being : Failure to be aware of a substantial and unjustifiable risk such that the failure is a gross deviation form the ordinary standard of care

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9
Q

SIMILARITIES b/w

Voluntary Manslaughter

MPC and CL

A
  • Both have objective and subjective requirement
  • MPC leans more toward the subjective than CL
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10
Q

DIFFERENCES b/w

Voluntary Manslaughter

MPC and CL

A
  • No single provocative event
  • No cooling off period, can happen over a series of weeks or months
  • No causal connection limitation in the sense that decedent might not be person who provoked
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11
Q

Establishing Malice Aforethought:

Four Elements/Ways to Estabish MAT

and implied/express for each

A

Only need ONE of these four to show malice aforethought:

  1. Intent to kill (express malice)
  2. Intent to cause serious bodily harm (implied malice)
  3. Abandoned and malignant heart (implied malice)
  4. Felony murder rule applies (implied malice)
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12
Q

Establishing Malice Aforethought:

Proving the Intent to Kill.

  1. Must have_ _ and_ _
  2. Two rules to infer malice
A

Must have PURPOSE and KNOWLEDGE

Can be inferred.

Natural and Probable Consequences Rule:

Can infer intent from negligence

Deadly-Weapon Rule:

If D points a deadly weapon at a vital part of the vitims body, can infer intent to kill

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13
Q

MPC: 1st and 2nd degree murder

A

MPC does not distinguish between 1st and 2nd degree murder, SUCKAS!!!

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14
Q

MPC Murder

D_ _ and_ _ kills another:

1._ _

or

2._ _

A

D Unjustifiably and Inexcusably kills another:

  1. Purposefully or knowingly,

OR

  1. Recklessly, under the circumstanes evincing extreme indifference to the value of human life
    - No malice aforethought needed
    - Basically murder if actor intentionally takes a life or acts with extreme recklessness
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15
Q

MPC Manslaughter

Extreme Mental or Emotional Distrubance Test:

What it is, what it does, and the four elements

A

What it is: Killing that occurs when D is sufferig from extrmeme mental or emotional disturnabnce for which there is a reaosnable explanation or excuse, based on circumstances as the D believed them to be.

What is does: it mitigates he charge from murder to manslaughter under MPC

Four Elements:

  1. D is suffering from EMED
  2. For which there is a reasonable explanation or excuse (Objectie Test)
  3. Based on the circumstances as D believed them to be (subjective)
  4. Other rules: no single provocatory act required, words can be enough. Cumulative acts ok, no cooling off limitation and no casual connection required. Victim does not have to be the provoker
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16
Q

Depraved Heart Murder

  1. Treated as_ _ murder
  2. Common Law or MPC?
A
  1. Usually treated as second degree murder

• Different than homicides that involve gross negligence, those can be punished as manslaughter, DHM only as second degree murder

  1. Common law only
17
Q

Depraved Heart Murder:

Two tests for implied malice,

Thomas v. Philips

A
  1. Thomas Test: implying malice requires a high probability of death
  2. Phillips Test: malice is implied when the killing is proximately caused by a deliberate act, with a conscious disregard for human life
18
Q
A
19
Q

Common Law

First Degree Murder

Element #1:

  1. Explain Premeditation & Deliberation
  2. Three part test for Deliberation
A
  • Willful→ Wasn’t coerced, intended
  • Pre-meditated
    Thought about it before hand
    Can’t put a quantitative time frame on it
- Deliberate
        Not deliberate (adj) but deliberate (v)
        To struggle with; Hamlet type character

3 PART TEST for Deliberation:

  1. Evidence of Planning Activity
  2. Evidence from prior relationships from which we can reasonably infer motive
  3. Facts about the nature of the killing→ Was it exacting? Were there specific details?

CRIM (8 decks)

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