Homicide

Question 1

Murder

Answer 1

i) Unlawful (i.e., without a legal excuse);
ii) Killing;
iii) Of a human being;
iv) Committed with malice aforethought.

Question 2

Felony-murder

Answer 2

i) Unintended killing;

ii) Proximately caused by and during the commission or attempted commission of an inherently dangerous felony.

Question 3

First-degree Murder

Answer 3

• Deliberate and premeditated murder

- Felony murder is frequently classified as first-degree murder

Question 4

Second-degree Murder

Answer 4

• Homicide committed with the necessary malicious intent: the intent to kill, the intent to do great bodily injury, or a depraved-heart murder
• Murder that occurs during the commission of a felony other than the felonies that trigger first-degree murder may statutorily be treated as second-degree murder

Question 5

Voluntary Manslaughter

Answer 5

Murder committed in response to adequate provocation (i.e., in the “heat of passion”).

Question 6

Involuntary Manslaughter

Answer 6

• Unintentional homicide committed with criminal negligence or during an unlawful act

Question 7

Criminal Negligence

Answer 7

• Reckless action or inaction that puts another person at a significant risk of injury or death

Question 8

Unlawful Act

Answer 8

) Under the misdemeanor-manslaughter rule, which is a killing committed in the commission of a malum in se (wrong in itself; assault, battery) misdemeanor; or

ii) A killing committed in the commission of a felony that is not statutorily treated as first-degree felony murder or second-degree murder.