Homicide (CL & MPC)

Question 1

CL Murder

Malice Aforethought defined in 4 categories…

Answer 1

1) Intent to kill
2) Intent to do serious bodily injury
3) Abandoned and malignant heart, extreme recklessness in regard the value of a human life
4) Felony-murder “rule”

Question 2

CL 1st Degree Murder

whats required?

Answer 2

Express Malice = Intent to Kill

AND Premeditation and Deliberation

Question 3

CL 1st Degree Murder

Premediation & Deliberation defined…

Answer 3

Premeditation: thought before acting to the idea of taking a human life and reaching a definite decision to kill
□ No specific period of time is required

Deliberation: considering and reflecting upon the preconceived design to kill; turning it over in the mind…giving it a second thought.

Question 4

CL 1st Degree Murder

Premediation & Deliberation timing rule

Answer 4

P & D must happen within a appreciable amount of time, although there is no required specific timing for P&D

P&D can be happen within seconds

Question 5

CL 1st Degree Murder

What defense can be raised to negate D’s mens rea?

Answer 5

Can Use Incapacity Defenses to Attempt to Negate Mens Rea

but this depends on the facts and the kind of incapacity defense being raised

Question 6

CL 1st Degree Murder

MPC Murder (express) rule

Answer 6

criminal homicide constitutes murder when It is committed purposely or knowingly

Question 7

CL 2nd Degree Murder

whats required?

Answer 7

Express Malice = Intent to kill

but without premeditation and deliberation

Question 8

CL 2nd Degree Murder

CL Rule

Answer 8

where killings that do not arise from any strongly felt motivation except by a sudden and unjustified desire to experience killing when an opportunity arises

In some jurisdictions–> both extreme indiff and depraved indiff to HL constitute as recklessness killings for 2nd degree murder

Question 9

CL 2nd Degree Murder

MPC Murder (implied) rule

Answer 9

criminal homicide constitutes murder when It is committed recklessly under circumstances manifesting extreme indifference to the value of human life

1) Such recklessness is inferred if the actor:

is engaged

or is an accomplice in the commission of,

or an attempt to commit,

or flight after committing

or attempting to commit

Question 10

CL Voluntary Manslaughter

whats required? the basic definition…

Answer 10

An intentional killing that is borne out of provocation that caused Δ to act in “the heat of passion”

Question 11

CL Voluntary Manslaughter (VM)

RULE

Answer 11

1. the actor must have acted in heat of passion
2. the passion was the result of adequate provocation
3. the actor must not have had a reasonable opportunity to cool off
4. AND there must be a causal link between the provocation, the passion, and the homicide.

Question 12

CL Voluntary Manslaughter (VM)

the actor must have acted in the heat of passion (element 1 elaborated)

Answer 12

Passion is rage, fear, or any violent and intense emotion sufficient to dethrone reason } Even jealousy or desperation

Subjective assessment of the Passion of D’s mental state at the time of the killing

◊ Words alone could not amount to adequate provocation
EXCEPTION: informational words disclosing a fact that would have been adequate provocation had the actor observed it himself;

Question 13

CL VM

the passion must have been a result of adequate provocation (element 2 elaborated)

Answer 13

That is the individual provoked by
– physical attack or battery
– mutual combat,
– threat of physical attack in extreme cases,
– unlawful arrest,
– Adultery

and violent or sexual assault on a close relative, like injuries to one’s child

Question 14

CL VM

Element 2 on adultery on perceived belief and circumstantial evidence…

Answer 14

Even if the perceived adultery is not factual present, but the Δ believes it to be–> gets VM instruction
D must have a reasonable belief

Where D believes his wife is cheating although there is no direct proof of catching her “cheating” –> enough circumstantial evidence can suggest that Δ was provoked by the fact that his wife was cheating on him

Question 15

CL VM

Element 2 on adultery on Provocation Reform Rules…

Answer 15

Under Provocation reform rules–> repeated taunting of adulterous acts are enough to constitute VM

Cultural norms can be used as evidence to prove evidence of “extreme emotional or mental disturbance” and mitigate an intentional killing to manslaughter.
And proffered evidence tending to Δ’s cultural background relates to the Δ’s mental states and could explain that Δ was “extremely emotionally or mentally disturbed

Question 16

CL VM

the passion must have been a result of adequate provocation

(element 2 elaborated on ROP…

Answer 16

Viewing the facts objectively, would the reasonable person have been provoked by the ______ ?

Question 17

CL VM

the actor must not have had a reasonable opportunity to cool off (element 3 elaborated)

Answer 17

How immediate must the killing be to the provocation?
There cannot be too much time that has passed bw the provocation & killing

courts at most listed the one day or even half a day is sufficient time for one’s passion to cool
Time less than that also constitute cooling period

Question 18

CL VM

the actor must not have had a reasonable opportunity to cool off

(element 3 elaborated on being reminded of former wrongs…)

Answer 18

with respect to being taunted by the cumulative effect of (victim’s) reminders of former wrongs could not support a sudden passion –>
CL case: Where Δ is subjected to taunted for past two weeks and should have anticipated it.

Question 19

CL VM

MPC Manslaughter rule

A person is guilty of manslaughter if:

Answer 19

D recklessly kills another (without extreme indifference to value of human life) OR

D kills another under circumstances that would ordinarily constitute murder but homicide is committed as a result of Extreme Mental or Emotional Disturbance

Question 20

CL VM

MPC Manslaughter rule

EMED requirements

Answer 20

1. Subjective Component - must have EMED.
   No provocation required. words can count !!
2. Objective component – Reasonableness of EMED is determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.
   No cooling off period necessary

Question 21

Unintentional Killing

CL Felony Murder

whats required?

see other flash cards for FM

Answer 21

when a unintentional homicide occurs during the commission, attempt, or flight from an inherently dangerous crime–> the homicide is classified as murder

Question 22

Unintentional Killing

CL Felony Murder

MPC Murder (implied) rule

Answer 22

doesn’t treat it as strict liability- instead it’s a killing done recklessly and under circumstances manifesting extreme indifference to the value of human life

Question 23

Unintentional Killing

CL 2nd Degree Murder

whats required?

Answer 23

An unintentional killing done with “an abandoned and malignant heart” = extreme recklessness/indifference to HL

Question 24

Unintentional Killing

CL 2nd Degree Murder

MPC Murder (Implied) rule

Answer 24

criminal homicide constitutes murder when:
It is committed recklessly under circumstances manifesting extreme indifference to the value of human life.

Question 25

Unintentional Killing

CL Involuntary Manslaughter

whats required?

Answer 25

an unintentional killing of another human being with:

Negligence/gross negligence (or ordinary negligence in WA)

Or recklessness causing death

Question 26

Unintentional Killing

CL Involuntary Manslaughter

Rule elaborated

Answer 26

Wanton and reckless conduct may constitute an intentional failure to take care in disregard of probable harmful consequences when D owes a duty of care;
§ D doesn’t have to actually be the force that causes the death,
§ D just has to willfully or wantonly disregard a danger of death that actually manifests.

Common law requires at least gross negligence, but statutory law may require either gross or ordinary negligence.

Question 27

Unintentional Killing

CL Involuntary Manslaughter

MPC Negligent Homicide rule

Answer 27

Criminal homicide constitutes negligent homicide when it is committed negligently.

Where D should be aware that material element will result from his conduct