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Criminal Law - Mid-Term Law School Review > Homicide > Flashcards

Homicide Flashcards

1
Q

What is Actus Reus?

A

Guilty Act

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2
Q

What are the three components of Actus Reus?

A
  1. Physical Act
  2. Voluntary Act
  3. Omission to Act
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3
Q

What is a “Physical Act” under Actus Reus?

A

Physical Act

a. Physical part of the crime.
b. Guilty act.
c. Overt act.
d. Need some bodily movement.
e. Act is done volitionally.

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4
Q

What is a “Voluntary Act” under Actus Reus?

A

Voluntary Act

a. Conscience act of the will.
b. Not a reflexive act.
c. Not a convulsive act.
d. Not performed while asleep or unconscious.

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5
Q

What circumstances create an “Omission to Act” under Actus Reus?

A 
Omission to Act
a. General Rule: No duty to act.
b. Legal Duty to Act 
Parent/child and spouse;
(a) Parent with minor child.
(b) Not adult child to parent.
(c) Minor child put in custody of relative.
2. Contractual relationship; 
3. Public servant;
4. Statute;
(5) Creation of peril; or
(6) Preclusion of others.
c. knowledge of the need to act; and 
d. reasonably possible to perform.
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6
Q

In Criminal Law, when is there a “Legal” duty to act?

A

Legal Duty to Act

  1. Parent/child and spouse;
    (a) Parent with minor child.
    (b) Not adult child to parent.
    (c) Minor child put in custody of relative.
  2. Contractual relationship;
  3. Public servant;
  4. Statute;
  5. Creation of peril; or
  6. Preclusion of others.
    c. knowledge of the need to act; and
    d. reasonably possible to perform.
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7
Q

What is Specific intent?

A

Defendant desires to commit the crime (or) defendant knows with substantial certainty the crime
will occur.

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8
Q

What are the key words for Specific Intent?

A

Key words: intent, intentional or intentionally.

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9
Q

What is General Intent?

A

Intent is inferred by defendant’s acts.

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10
Q

What is Strict Liability?

A

No mens rea required, actus reus only.

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11
Q

How does Transferred Intent work in Criminal Law?

A

The defendant can be liable under the doctrine of
transferred intent where she intends the harm that is
actually caused, but to a different victim or object.

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12
Q

What types of crimes does transferred intent apply to?

A

Transferred intent applies to malice and general intent
crimes, but not to specific intent crimes (except for first
degree premeditated murder).

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13
Q

Does transferred intent apply to specific intent crimes?

A

No, transferred intent does not apply to specific intent crimes (except premeditated murder).

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14
Q

What is the definition of Homicide?

A

The killing of one human being by another.

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15
Q

When is a human being considered alive?

Homicide

A

(1) Born alive;
(2) takes its first breath; and
(3) has a circulatory system independent of its mothe

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16
Q

When is a human being no longer alive?

Homicide

A

(1) Common law: Heart and lungs stop.

(2) Modernly: Brain dead.

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17
Q

How is Actual cause determined in homicide?

Homicide

A

“But for” test (or) Substantial Factor test

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18
Q

What is the year and a day rule?

Homicide

A

If victim dies within one year and one day of plaintiff’s attack, the casual chain is not broken.

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19
Q

Do defendant’s take their victims as they find them?

Homicide

A

Yes, defendant’s take their victims as they find them and pre-existing conditions are not taken into account.

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20
Q

So pre-existing conditions are not taken into account?

Homicide

A

Correct, pre-existing conditions are not taken into account.

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21
Q

What are the two types of causation in homicide?

Homicide

A

Actual and Proximate Cause

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22
Q

What are the two types of proximate cause in homicide?

Homicide

A

Direct and Indirect

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23
Q

What is Direct proximate cause in homicide?

Homicide

A
  1. When there are no intervening acts between defendant’s act and victim’s death.
  2. Defendant is the direct proximate cause if victim’s death is the natural and probable result of defendant’s actions.
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24
Q

What is indirect proximate cause in homicide?

Homicide

A
  1. When there are intervening acts between
    defendant’s actions and victim’s death.
  2. Defendant is the indirect proximate cause if
    the intervening acts are foreseeable.
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25
Q

In homicide, must the victims be killed by another?

Homicide

A

Yes, no suicides.

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26
Q

Is homicide the actus reas of murder and manslaughter?

Homicide

A

Yes, homicide is the actus reus of murder and manslaughter.

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27
Q

So homicide is the “act” upon which murder and manslaughter are then based?
Homicide

A

Yes

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28
Q

What is the definition of murder?

Homicide

A

Homicide with malice.

Longer version: The killing of one human being by another with malice aforethought.

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29
Q

What are the two types of malice?

Homicide

A

Express and Implied

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30
Q

What is express malice?

Homicide

A

Intent to kill

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31
Q

Within express malice, how is an intent to kill determined?

Homicide

A

a. Desire to kill.
b. Know with substantial certainty that a death will occur.
c. Deadly weapon doctrine:
(1) Deadly weapon used on a vital part of the body (head, neck or torso);
(2) the jury is free to infer intent to kill.

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32
Q

Within express malice, what is the deadly weapon doctrine?

Homicide

A

The jury may infer an intent to kill if a deadly weapon is used on a vital part of the body (head, neck or torso).

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33
Q

What is implied malice?

Homicide

A

Intent to commit serious bodily harm.

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34
Q

So express malice is the intent to kill?

Homicide

A

Yes, express malice is the intent to kill.

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35
Q

And implied malice is the intent to commit serious bodily injury?
Homicide

A

Yes, implied malice is the intent to commit serious bodily injury

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36
Q

Within implied malice, how is the intent to commit serious bodily injury determined?
Homicide

A
  1. Either a deadly weapon used on a non-vital part of
    the body;
  2. a non-deadly weapon used on a vital part of the
    body; or
  3. a deadly weapon is used on a vital part of the body
    with evidence to show no intent to kill.
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37
Q

Other than the intent to cause serious bodily injury, are there any other forms of implied malice?
Homicide

A

Yes, Wanton Conduct and Felony murder.

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38
Q

What is Wanton conduct?

Homicide

A

An act that creates a VERY HIGH risk of death.

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39
Q

Other than an act that creates a very high risk of death, what else is contained within Wanton conduct?
Homicide

A
  1. The act creates a VERY HIGH risk of death;
  2. The defendant was aware of the very high risk of death;
  3. The act was performed intentionally; and
  4. It is an act of little or no social value
40
Q

What are some examples of Wanton conduct?

Homicide

A

Examples: shooting into an occupied structure or
vehicle, playing Russian roulette, engaging in a
shoot-out with the police.

41
Q

Are there any other names for Wanton conduct?

Homicide

A

Yes, depraved heart and extreme indifference to human life.

42
Q

Can you define Felony Murder?

Homicide

A

Definition: If a death is caused during the perpetration of a felony, malice is implied.

43
Q

What is the purpose of the felony murder rule?

Homicide

A

(a) Deter the commissions of felonies.
(b) Regulate the conduct during the commission
of felonies.

44
Q

Are there limitations to the felony murder rule?

Homicide

A

Yes, death must be caused during the Res Gestae.

45
Q

What is the Res Gestae of an act within felony murder?

Homicide

A

An act begins when an ATTEMPT is viable and ends when the defendant reaches a place of temporary or seeming safety.

46
Q

So the Res Gestae of felony murder begins when an ATTEMPT is viable and ends when the defendant reaches a place of temporary or seeming safety?
Homicide

47
Q

What does Res Gestae stand for?

Homicide

A

Things done.

48
Q

Must the felony within felony murder be inherently dangerous?
Homicide

A

Yes, the felony within felony murder must be inherently dangerous?

49
Q 
Is larceny (theft) an inherently dangerous felony? Is it excluded from felony murder? 
Homicide
A

Larceny is not considered an inherently dangerous felony. It is excluded from felony murder.

50
Q

Must the felony within felony murder be independent or collateral to the act that causes death?
Homicide

A

Yes, the felony within felony murder must be independent or collateral to the act that causes death.

51
Q

What does an “Independent” or “Collateral” felony mean under felony murder?
Homicide

A

The underlying felony cannot merge with the felony (or flow from the felony) that caused the death - assault can never be an underlying felony, for example.

52
Q

So, an independent or collateral felony (under felony murder) does not have as its dominant feature the very act of violence that brought about the death?
Homicide

53
Q

What are the enumerated felonies of felony murder?

Homicide

A

BARR - Burglary, Arson, Rape and Robbery.

54
Q

Must the death under felony murder be foreseeable?

Homicide

A

Yes, the death under felony murder must be foreseeable.

55
Q

What does the felony murder rule mean?

A

When an innocent person dies during the peritration of an inherently dangerous felony, or an inherently dangerous enumerated felony, the felon and co-felons may be found guilty of felony murder.

56
Q

So, in felony murder, an innocent person must die at the hands of a felon to convict the felon and co-felons of felony murder?

57
Q

What if a co-felon dies at the hands of a resisting victim or their party?

A

Then the “Redline” view applies which is the majority rule. Co-felons cannot be convicted under felony murder for the death of a co-felon at the hands of a resisting vicim or third party.

58
Q

So, under the “Redline” view, which is the majority rule, co-felons cannot be convicted under felony murder for the death of a co-felon at the hands of a resisting vicim or third party?

59
Q

What if an innocent person dies accidentally at the hands of a resisting victim or third party?

A

Then the expanded redline rule applies and the co-felons may or may not be guilty under felony murder. For the EXPANDED Redline view, there is no majority decision.

60
Q

Have some jurisdictions acting kidnapping and mayhem to the list of inherently dangerous enumerated felonies?

61
Q

Is there a specific target offense under BARR that we should watch for?

A

Yes, burglary.

62
Q

So, what four Men’s Rea make up Malice?

A
  1. Intent to Kill
  2. Intent to cause serious bodily injury
  3. Wanton conduct
  4. Felony-Murder
63
Q

So to prove common law, second degree murder, first show homicide and then prove malice?

A

Correct, that’s it.

64
Q

Can you define first degree murder?

A

Intent to kill plus premeditation and deliberation.

65
Q

What is premeditation and deliberation?

A 
Premeditation = resolution to kill
Deliberation = reflection of the consequences
66
Q

How long must one deliberate (reflect) on the consequences for first degree murder?

A

Very short time - even seconds

67
Q

Is first degree murder a specific intent crime?

A

Yes, first degree murder is a specific intent crime

68
Q

Can any of the “malice quartet” be combined with premeditation and deliberation for first degree murder?

A

No, only the intent to kill may be used to combine with premeditation and deliberation.

69
Q

So first degree murder is homicide with malice (only intent to kill) plus premeditation and deliberation?

70
Q

Can any other form of malice rise to first degree murder?

A

Yes, the felony murder rule.

71
Q

Is all felony murder also first degree murder?

A

No, the felony for first degree murder under the felony murder rule must be both inherently dangerous AND an enumerated felony (BARR).

72
Q

What if the felony for felony murder isn’t enumerated (BARR) but is inherently dangerous?

A

Then second degree felony murder.

73
Q

What is Voluntary Manslaughter?

A

Mitigated Murder

74
Q

What is mitigated murder?

A

Homicide with malice, and that malice is mitigated by passion (heat of passion) or provocation (adequate provocation).

75
Q

What is adequate provocation for Voluntary Manslaughter?

A
  1. A reasonable person would be provoked to kill and would not have cooled off before the killing.
  2. The defendant was, in fact, provoked to kill and did not cool off before the killing.
76
Q

What is an example of Voluntary Manslaughter?

A

Examples: finding a spouse in an adulterous situation, or

receiving a staggering blow.

77
Q

What is “cooled off” under mitigated murder - passion and provocation.

A

A period of time needed to exit the “heat of passion”.

78
Q

Can you define Involuntary Manslaughter?

A

Homicide WITHOUT malice while committing a wrongful

act.

79
Q

So if there is a homicide and there is NO malice, we next look to Involuntary Manslaughter?

80
Q

So Involuntary Manslaughter is homicide without malice while committing a wrongful act?

A

Yes, Involuntary Manslaughter is homicide without malice while committing a wrongful act

81
Q

Is Involuntary Manslaughter a general intent crime?

A

Yes, intent is inferred and need not be specific.

82
Q

So we have a homicide and there is no malice to elevate or mitigate, how then do we test for Involuntary Manslaughter?

A
  1. Intent to commit less than serious bodily injury
  2. Recklessness
  3. Misdemeanor Manslaughter Rule
83
Q

is there any intent to kill in Involuntary Manslaughter?

A

No, any intent to kill would constitute malice and rise the crime to murder.

84
Q

How is recklessness defined for Involuntary Manslaughter?

A

Defendant was aware but consciously disregarded a SUBSTANTIAL risk that death would occur.

85
Q

Can you explain, simply, the difference between Wanton conduct and Reckless conduct?

A

The difference is in the severity of disregard for life:
Wanton conduct - defendant was aware but consciously disregarded a VERY HIGH risk of death.
Reckless conduct - defendant was aware but consciously disregarded a SUBSTANTIAL risk of death.

86
Q

So, for Involuntary Manslaughter, intent to commit less than serious bodily injury, recklessness, or misdemeanor manslaughter are the criteria?

87
Q

What is Misdemeanor Manslaughter?

A
  1. A homicide during the commission of a misdemeanor that was malum in se.
  2. A homicide during the commission of a felony that was NOT inherently dangerous.
88
Q

So only malum in se misdemeanors work for misdemeanor manslaughter?

A

Correct, only malum in se.

89
Q

And felonies that are NOT inherently dangerous can also satisfy misdemeanor manslaughter?

90
Q

Must the misdemeanor for misdemeanor manslaughter be collateral or independent?

A

No, unlike felony murder, the predicate misdemeanor need not be collateral or independent.

91
Q

So, what is the difference between misdemeanor manslaughter and felony murder?

A

Felony murder - a homicide committed during the perpetration of an inherently dangerous or enumerated felony.
Misdemeanor Manslaughter - a homicide committed while engaged in a misdemeanor that was malum in se or a felony that was not inherently dangerous.

92
Q

So please list the key differences of the “malice quartet” in murder to its Involuntary Manslaughter counterparts:

A

Murder:

  1. Intent to Kill
  2. Intent to Commit Serious Bodily Harm
  3. Wanton Conduct
  4. Felony Murder

Involuntary Manslaughter:

  1. No Intent to Kill
  2. Intent to Commit Less than Serious Bodily Harm
  3. Reckless Conduct
  4. Misdemeanor Manslaughter
93
Q

Does knowingly satisfy willfully?

A

Yes, knowingly will satisfy willfully.

94
Q

Is the requirement of specific intent inputted to all theft crimes, even if the statute does not specify specific intent (I.e, intentionally, knowingly), unless the statute clearly states the offense is strict liability?

A

Correct, specific intent is inputted to all theft crimes, regardless of whether the stature specified specific intent, unless the stature specifies that it is a strict liability offense.

95
Q

Can you explain how to determine each of the following mens rea in a question:

Specific intent
General intent
Malice
Strict liability

A

Specific intent - the words intent, intentional, intentionally will be used.

Malice - the word malice, maliciously will be used.

General intent - there will be no key words. Look to see if the crime was a general intent crime at common law (MRMRSLAMB)

Strict liability - if there are no key words to determine specific intent or malice, and the crime was not a general intent crime at common law, it is likely strict liability.

Criminal Law - Mid-Term Law School Review (4 decks)

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