Homicide and Manslaughter

Question 1

Killing of a fetus under CL vs in FL

Answer 1

CL: A fetus is not a living person and therefore could not be a victim of homicide
FL: If a person kills a viable fetus (an unborn quick child) by causing injury to the mother, the measure of killing is in the same degree as though the killing has been committed to the mother.

Question 2

Assisted Suicide in CL vs in FL

Answer 2

CL: generally may be committed of a lessor statutory crime (assisting a suicide vs a homicide)
FL: assisting a suicide is MANSLAUGHTER

Question 3

Year and a day rule

Answer 3

There is no year and a day rule in FL. Under CL, a D could not be found guilty of homicide if the victim died more than a year and one day after the act was performed because the injury was CONCLUSIVELY PRESUMED not to be the proximate cause of the death

Question 4

Malice Aforethought under CL vs in FL

Answer 4

CL: Intent to kill, intent to cause serious bodily injury, reckless indifference (depraved heart), and felony murder
FL: No malice aforethought. Rather, the different mental states are reflected in different degrees of murder.

Question 5

Degrees of Murder in Florida

Answer 5

1st degree
2nd degree
3rd degree

Question 6

3 types of murder in the 1st degree in Florida

Answer 6

1. unlawful killing with a PREMEDITATED DESIGN to end the life of another human being (transferred intent applies)
2. 1st Degree Felony Murder
3. Unlawful killing resulting from unlawful DISTRIBUTION of specified controlled substances

Question 7

Felony Murder in Florida vs. under CL

Answer 7

1. In FL, a co-felon can be charged with FM if there is no break in the chain of events btwn the felony and death
2. There are 3 degrees of FL (1st, 2nd, and 3rd)
3. Florida recognizes 2 degrees of ATTEMPTED felony murder

Question 8

First Degree Felony Murder in Florida

Answer 8

Killing committed by the person who is engaged in or attempting to engage in an ENUMERATED FELONY

Question 9

List the enumerated felonies that would give rise to 1st degree felony murder charges in Florida

Answer 9

DEA MUT BARRK AT CAARS:

• Drug trafficking
• Escape
• Aggravated assault or Abuse on a child, elderly, or disabled person
• Murder
• Unlawful bombing
• Terrorism
• Burglary
• Arson
• Robbery
• Rape
• Kidnapping
• Aggravated fleeing or eluding
• human Trafficking
• Carjacking
• Aircraft piracy
• Aggravated stalking
• Resisting an officer with violence
• Sexual battery

Question 10

Second Degree Felony Murder

Answer 10

killing is committed by someone other than the D during the commission of an enumerated felony

Question 11

Third Degree Felony Murder

Answer 11

killing committed by D during the commission of a non-enumerated felony

Question 12

1st Degree Attempted Felony Murder

Answer 12

D perpetrates or attempts to perpetrate ANY felony, and commits or aids in a separate intentional act that could BUT DOES NOT kill someone

Question 13

2nd Degree Attempted Felony Murder

Answer 13

1. unlawful killing with a DEPRAVED HEART (i.e. extreme indifference to an unjustifiably high risk that the conduct will end human life), or
2. killing that occurs by someone other than the D in the commission of an ENUMERATED felony

Question 14

3rd Degree Murder in Florida

Answer 14

unlawful killing by perpetrator during the commission of a non-enumerated felony

Question 15

Manslaughter under CL vs in FL

Answer 15

CL: Voluntary and Involuntary
FL: Manslaughter and Aggravated Manslaughter

Question 16

Manslaughter vs. Aggravated Manslaughter in FL

Answer 16

Manslaughter includes both voluntary (provocation) and involuntary (criminally negligent) manslaughter. The killing is without any excuse or justification.
Aggravated manslaughter is determined by THE VICTIM who is killed (Child, Elderly, Disabled, Police Officer, Fireman, or Paramedic)