Homicide

Question 1

What does murder have that manslaughter doesn’t?

Answer 1

Malice. In manslaughter, the malice is negated by adequate provocation

Question 2

Distinguish 1st degree murder and 2nd degree murder

Answer 2

1st degree requires premediatation and deliberation

Question 3

Elements of 1st degree murder

Answer 3

1. D caused the death
2. D intended to kill
3. intent was premeditated
4. Killing was deliberate (requires real and substantial reflection
5. Killing was not justified or excused

Question 4

Elements of 2nd degree murder

Answer 4

1. Death caused by D
2. With malice
3. and without justification

Question 5

Voluntary Manslaughter elements

Answer 5

1. D acted out of passion or anger brought on by adequate cause and before D had time to cool down
2. When D acted, thinking was disturbed such that a reasonable person might have acted on impules
3. Emoitional impulse must be the result of something that would stir a reasonable person
4. Killing itself must be out of emotional excitement

Question 6

Malice

Answer 6

1. intent to kill
2. intent to do grievous bodily harm
3. or intent to do an act in wanton or willful disregard of the likelihood that the natural tendency of such behavior is to cause death or GBH

Question 7

What is gross negligence for involuntary manslaughter?

Answer 7

willfully disregarding the results to others that may flow from conduct