Homicide

Question 1

What’s the difference in homicide and criminal Homicide

Answer 1

Homicide is any act or omission that causes the death of another
Criminal homicide it involves culpability

Question 2

What was the original purpose of dividing murder into tiers?

Answer 2

Pennsylvania wanted to stop using the death penalty so much

Question 3

What is the defining feature of murder

Answer 3

Malice

Question 4

How’s the California penal code define malice?

Answer 4

Into 2 categories including express malice and implied malice

Express malice manifest deliberate intention

Implied malice defines homicide that was Unprovoked or circumstances showing malignant heart

Question 5

Is premeditation (common law) or aggravating circumstances (MPC) Better for parsing the worst murders from the rest?

Answer 5

• Premeditation it is more morally culpable and more deterrable but not a great proxy for evil
• Aggravating circumstances catch more metrics of moral evil

Question 6

Where is the defining characteristic of first-degree murder?

Answer 6

Premeditation

Question 7

What are two definitions of premeditation?

Answer 7

Carrol definition:Premeditation can be satisfied in the same instant as the killing act (no need to prove actual reflection or any lapse in time, no real difference between 1st and 2nd degree here except that 1st can’t accommodate reckless)
Guthrie Definition: No particular time between intent formation and execution is required but must prove actual contemplation (If only for a second-can be proven circumstantially)

Question 8

Where is the Anderson rule for proving premeditation?

Answer 8

1-Planning Indicates design to kill
2-motive indicates prior relationship is a reason to kill
3-manner of killing indicates planning

Question 9

Can second-degree murder include recklessness?

Answer 9

Yes but malice is still required

Question 10

What are the two kinds of second-degree murder?

Answer 10

1-depraved heart murder where no intent is required but evidence of a wicked depraved & malignant heart which shows disregard for human life (question of degree from manslaughter)
2-Any murder that is not First degree

Question 11

What is the MPC distinction between first and second-degree murder?

Answer 11

Second-degree murder: Purposeful or knowingly killing OR Recklessness showing extreme indifference to human life [Depraved heart murder]
First-degree murder: Any second-degree murder with an aggravating circumstance

Question 12

What are the two defining feature is the manslaughter?

Answer 12

1-Lack of malice & Provocation (Voluntary manslaughter)

2-recklessness (Involuntary manslaughter)

Question 13

Is the provocation defense an excuses or justification?

Answer 13

It is a partial excuse

Question 14

What constitutes sufficient provocation for the provocation defense?

Answer 14

Majority approach: Categories are used, Words are not enough per Girouard
Minority approach: Is a question of fact if provocation was sufficient and cool down time was insufficient (Judge determines sufficiency before sending to jury)

Question 15

What are the pros and cons of the provocation defense

Answer 15

Pros: Provoked murders are less deterrable, more understandable & cannot be solved with incapacitation
Cons: Sexist,Benefits angry,Blames victim,Reasonable people don’t kill regardless

Question 16

What is the three-part test for common law voluntary manslaughter?

Answer 16

Per Maher
1-Subjectively distressed
2-Distress must be objectively reasonable to the circumstance (Reasonable can be formulated Descriptively or prescriptively)
3-There is in adequate cool off time(objectively)

Question 17

A common law how much negligence is required for involuntary manslaughter?

Answer 17

at Common Law Gross negligence is required.

This can be modified by statute See State v Williams

Question 18

What is the Welanski Rule for manslaughter?

Answer 18

Recklessness does not require subjective of knowledge of the risk
1-Defendant is reckless if a reasonable person would’ve recognized the rest
2-Defendant is reckless if defendant subjectively recognize the risk
3-Difference in recklessness under Welanski & non-criminal negligence is a question of magnitude of the risk ignored by the actor

Question 19

Where is the MPC’s version of the provocation defense

Answer 19

Called emotional disturbance.
Broader than common law
Does not have a specific triggering event requirement or a specific cool off limitation
They must still be a subjective mental disturbance And an objective reasonable explanation for the ED

Question 20

What are the 4 MPC requirement for involuntary manslaughter?

Answer 20

Checklist
1-what is the risk substantial
2 - was the risk unjustified?
3 - was this a gross deviation from the expected standard of care
4 - conscious disregard for the risk?

Question 21

Contributory negligence is never a defense to criminal liability

Answer 21

believe it

Question 22

What’s the difference in manslaughter and non-criminal negligence?

Answer 22

The magnitude of the risk ignored (per People v Hall)

Question 23

What’s the difference in manslaughter and depraved heart murder?

Answer 23

Neither requires intent but the character of the actions distinguish

Question 24

What does the felony murder doctrine do for the prosecution?

Answer 24

A theory to establish malice- felony murder is not a separate crime (kind of like depraved heart)

Question 25

What are the problems with felony murder?

Answer 25

1-the punishment is distributed very unevenly
2-the punishment is not proportional to the crime
3-has a little deterrent effect because the possibility is remote
4-would be better to increase the punishment on the underlying crime in order to evenly distributed across those who commit it

Question 26

Felony murder creates strict liability

Answer 26

believe it

Question 27

What is the MPC’s version of felony murder?

Answer 27

It’s not very widely followed.

Felony murder becomes a rebuttable presumption that the felon was reckless in order to satisfy second-degree murder

Question 28

What are the five limitations on felony murder

Answer 28

1-only homicide committed in furtherance of the felony counts (Transactional limitation)
2-agency theory of felony murder
3-no liability for death of Confederates
4-narrowly construe statutes enumerating felony murder eligible felonies
5-merger doctrine

Question 29

What is the agency theory a felony murder?

Answer 29

It establishes that no one is responsible for a homicide and was the actors actually or constructively theirs (excludes deaths caused by the police or a third-party)`

Question 30

What are the 2 approaches to narrowly construing felony murder statutes?

Answer 30

The abstract approach limits felony murder more than he has applied approach

Question 31

What is the merger doctrine for felony murder?

Answer 31

It prevents certain underlying crimes committed in furtherance of the homicide from creating a basis for felony murder.

Question 32

Where is the Ireland rule for merger for felony murder?

Answer 32

The underlying crime merges with murder if the underlying felony is included in fact in the homicide

Question 33

What is the “independent felonious purpose” rule for felony murder?

Answer 33

If there’s a felonious purpose independent of causing bodily injury the crimes will not merge
(for example armed bank robbery robbery would not merge)

Question 34

What is the Farley rule for felony murder?

Answer 34

Enumerated felonies never merge

Question 35

What is the Chun Rule for felony murder?

Answer 35

When the underlying felony is assaultive in nature the underlying felony will merge with homicide

Assaultive involves a threat of immediate violent injury (abstract approach)

Question 36

What is the misdemeanor manslaughter rule?

Answer 36

If death is caused during the commission of a misdemeanor recklessness is presumed under the misdemeanor manslaughter rule

Question 37

Is the discretionary death penalty constitutional?

Is a mandatory death penalty constitutional

Answer 37

No - per Furman v GA on 8th And for discretionary

No on mandatory

Question 38

What is the two step test under Greg v Georgia that determines if the death penalty is still constitutional?

Answer 38

1-does the death penalty accord with evolving standards of decency that Mark the progress of maturing society
2-does the death penalty a chord with basic dignity of man

Question 39

What are the 2 procedural requirements for the death penalty according to Furman?

Answer 39

One-bifurcated procedure (sentence and guilt separately determined)
Two-guidelines for the jury (legislatively determined list of aggravated circumstances)