Homicide

Question 1

Murder in the First and Second Degree

Answer 1

• Second-degree murder is the unlawful killing of a person with malice aforethought.
o Malice aforethought is established upon a showing of: (a) an intent to kill; (b) an intent to inflict great bodily injury; (c) a reckless disregard of an extreme risk to human life (depraved-heart murder), such as shooting a gun in a crowded room; OR (d) an intent to commit an inherently dangerous felony under the Felony Murder Rule.

• First-degree murder is a killing that was deliberate (specific intent to kill) AND premeditated.

Question 2

Murder in the First and Second Degree–Transferred Intent

Answer 2

• Under the doctrine of transferred intent, if the defendant intended to kill one person, but mistakenly kills another, intent is transferred to the actual victim and the defendant is still liable.

Question 3

Felony Murder Rule

Answer 3

• Under the Felony Murder Rule, ALL participants are guilty for murder if a person is killed while the participants are committing/attempting to commit an inherently dangerous felony (burglary, arson, rape, robbery, or kidnapping).
• Depending on the jurisdiction, the rule may extend to a death caused by officers or bystanders, and even the death of a participant. Liability ends once the participant has reached a place of temporary safety. To be convicted under the felony murder rule, the participant must be found guilty of the underlying felony, which must be independent from the death that occurred.

Question 4

Voluntary Manslaughter

Answer 4

Voluntary manslaughter is an (1) intentional killing, (2) of a person, (3) with adequate provocation. An adequate provocation reduces the murder charge to manslaughter.

Adequate provocation is established if:

(1) the defendant was provoked (a sudden and intense passion caused him to lose control);
(2) a reasonable person would have been provoked;
(3) there was not enough time to cool off before the killing; AND
(4) the defendant did not cool off before the killing.

Question 5

Involuntary Manslaughter

Answer 5

Involuntary manslaughter is an unintentional killing of a person committed:

(a) recklessly – conscious disregard of an unreasonable risk of death or serious bodily injury;
(b) under the misdemeanor-murder rule – a killing that results during the commission of a misdemeanor);
(c) during a non- dangerous felony – a felony not included under the felony murder rule); OR
(d) criminal negligence – defendant knew or should have known that his conduct had a high or unreasonable risk of death and his actions were a gross deviation from how a reasonable person would have acted.