Homicide College

Question 1

What is the definition of murder?

Answer 1

Murder is the unlawful killing of a human being or fetus:

1. With malice aforethought; or
2. During the commission of certain felonies;

Question 2

Elements of murder

Answer 2

1. A human being or fetus was killed
2. The killing was unlawful; and
3. The killing was done with malice aforethought.

Question 3

What are the two types of malice?

Answer 3

1. Express: intent to kill
2. Implied.

Question 4

What are the elements of felony murder?

Answer 4

1. A human being was killed;
2. The killing was unlawful;
3. The killing occurred during the commission or attempted commission of certain specified felonies.

Question 5

Can you commit murder by omission?

Answer 5

Yes. The elements are:
1. A legal duty to act;
2. Omission of duty to act is the equivalent of an act;
3. Failure to perform a legal duty equals an affirmative act under the law

Question 6

What are some examples of legal duties?

Answer 6

1. Dependency / assumption of responsibility
2. Creating a dangerous situation
3. Preventing others from rendering aid

Question 7

A murder with malice is presumed to be what degree?

Answer 7

A malice murder is presumed to be second degree.

Question 8

What are the three types of manslaughter?

Answer 8

1. Voluntary manslaughter
2. Involuntary manslaughter
3. Vehicular manslaughter

Question 9

What are three different ways to prove first degree murder?

Answer 9

1. Express malice plus willful, deliberate and premeditated;
2. Certain specified ways of killing; and
3. Murder during the commission or attempted commission of certain specified felonies.

Question 10

What are the new requirements for felony murder?

Answer 10

We must show:

1. Defendant was the actual killer;
2. The defendant personally has the intent to kill; or
3. The defendant was a major participant in the underlying felony who acted with reckless indifference

Question 11

What is a useful three-part framework for proving state of mind in a murder prosecution?

Answer 11

1. Conduct prior to the killing, such as planning activity;
2. Prior relationship or conduct with the victim to prove motive; and
3. Manner of killing: was there a preconceived design?

Question 12

Murder can go from second degree up to first degree because of the way the killing was done. What are three examples?

Answer 12

1. Lying in wait;
2. Torture; and
3. Shooting from a motor vehicle.

Question 13

Murder can go from second degree up to first degree because of the use of a particular instrument. What are four examples?

Answer 13

1. Destructive device or explosive;
2. Weapon of mass destruction;
3. Armor-piercing ammunition; or
4. Poison.

Question 14

What are the elements of lying in wait as a method to elevate a murder from second to first degree?

Answer 14

1. Defendant concealed purpose from victim;
2. Defendant waited and watched for an opportunity to act;
3. From a position of advantage, defendant intended to and did make a surprise attack on the victim.

Question 15

What are the elements used to prove a murder by omission?

Answer 15

1. An omission
2. The omission was the proximate cause of the victim’s death;
3. Legal duty to act;
4. Malice