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homicide COPY Flashcards

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1
Q

Homicide is

A

the unlawful killing of a human being

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2
Q

what are the 2 kinds of homicide

A
  1. murder
  2. voluntary manslaughter
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3
Q

what is the distinction between murder and manslaughter

A
  1. It is the Mens Rea of Malice (or Purpose).
    Malice is not limited to spite or ill will.
  2. fine distinction is of blameworthiness/cuplability.

Malice is a term of art

it can be hard to seperate the boundries

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4
Q

what are the **3 prongs ** (or degrees) of Malice (purpose)

think of Neptunes Trident

A
  1. actual intent to kill
  2. intent to inflict greivous bodily injury
  3. intent to do an act that creates a **plain and stong liklihood **of death.

3 degre

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5
Q

describe the 3rd prongs of intent or degree of malice (purpose)

A

**intent to do an act that creates a plain and strong likelihood of death. ** Where a reasonable person would understand that nothing short of death would result form the act.

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6
Q

what are the degress of CL murder

A

1st degree murder w/malice (purpose)
2nd degree murder w/malice (purpose)

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7
Q

how to determine what CL degee of murder it is

A

start with 2nd degree murder then see if one or more of the 3 aggravating factors will bump it up to murder I

need to figure out the agravating factors are.

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8
Q

3 aggravating factors to bump up to CL murder 1st degree

A
  1. premeditation (1st prong malice), intended killing.
  2. extreme atrocity or cruelty
  3. 1st degree unintended killing felony murder, which is an unintended killing
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9
Q

what is the rubric of murder

A
  1. Murder, then
  2. malice, then
  3. CL murder II, then
  4. aggravating factor, then
  5. CL Murder I
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10
Q

rubric for CL 1st degree premeditated murder

A
  1. Causation: D caused death
  2. malice (purpose): D intended to kill (only 1st prong malice will work here, actual intent to kill)
    3.** premeditation**: D acted w/ “deliberately premeditated malice or aforethought”

  1. deliberate premeditated malice
  2. deliberate premeditated murder
  3. deliberate premeditated malice of aforethought
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11
Q

what is premeditation

A

it is a logical seguence
1. conceives the idea to kill
2. D weighs the pros and cons of killing
3. D resolves to do it, and
4. (i am not sure what my book states)

yields a fully formed conscious process to kill

many opportunities to stop but didn’t

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12
Q

deliberate means

fully formed conscious purpose to kill

A

this is just a mental process, it can take seconds, it just a logical sequence:
1. see the idea of killing you
2. process of reflection- you weight the ups and downs of killing.
3. process of action in furtherance of my resolution

cannot be a rash unconsidered impulse

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13
Q

Rubric

CL 1st degree murder by extreme atrocity

Does not have to be premeditated

A
  1. Causation:
  2. Malice: any prong will do
  3. D acted w/extreme atrocity or cruelty
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14
Q

List if independent factors for extreme atrocity

A
  1. indifference or taking pleasure in killing
  2. how long V suffered and conscious suffering
  3. # of blows landed
  4. manner and form in which killing was delivered
  5. instrument employed
  6. disproportionate between means of death and what was needed to casue death
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15
Q

CL 1st Degreee Premeditated Murder and the passage of time

A
  • The passage of time suggests premeditation but in and itself is not enought, we need more
  • premeditation requires proof that the defendant committed the act after a period of reflection.
  • proof of actual reflection is not required.
  • Actual reflection, however, can occur in the blink of an eye.
  • Proof of reflection by circumstantial evidence is sufficient.
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16
Q

what are some of the circumstantial E needed to prove Premeditation of CL 1st degree premeditated murder.

A
  • Circumstantial evidence can include a pattern/past history of escalating violence, threats,
  • defendant obtaining a weapon before the killing. - - premeditation requires proof that a defendant formed the intent to kill another and then reflected on the decision prior to committing the act.
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17
Q

Motive

A
  1. motive gives birth to intent
  2. Evidence of motive is __________admissable????
  3. absense of motive is alway admissable.
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18
Q

Premeditation is:

A

Premeditation is the fully formed, conscious intent to kill.

sufficient passage of time to reflect Before D acts

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19
Q

Majority Rule

Perry Mason: the case of the Shapely Shadow

A

Can prove premeditation through C.E. must extinghish every other reasonable hypotheses other than guild that D is not guilty

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20
Q

how do MPC culpable mental states match up with CL

A
  1. purpose and knowingly –> 1 or 2 degree murder
  2. recklessness –> 3rd prong malice (NOTE: reckless under the cricumstances that manifests extreme indifference to the value of human life; AKA Depraved Heart Mruder)
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21
Q

how does malice make the difference in CL

A

it is the difference between murder and manslaughter

the unlawful killing of a human beign w/ malice is murder and w/o is MS

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22
Q

when you see the word malice what do you think of

A

CL

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23
Q

when you see the work Depraved Heart, what do you think of

A

CL

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24
Q

what is the difference between CL murder I and II

A
  1. the guy who makes you drink drano and watches you suffer. v.
  2. the patriots fan who died in the fight
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25
Q

CL fully formed conscious purpose to kill is the opposite of:

A

CL rash and uncontrolled impulse

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26
Q

murder in the second degree rubric

A
  1. Causation: D caused death
  2. malice (purpose): D intended to kill (only 1st prong malice will work here, actual intent to kill)
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27
Q

homicide under MPC

A
  1. Murder
  2. Manslaughter
  3. negligent homicide
  4. depraved heart homicide (recklessness +) if is like murder w/o the aggravating factor, 2degree CL murder)
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28
Q

Depraved heart Homicide

similiar to murder with 3rd prong malice NOT SURE THIS IS mpc

A
  1. the degree of risk of physicsal harm that a RPP would recognize as created by D’s conduct based on what D knew and in similiar circumstances
  2. the magnitude of harm

D’s heart is headlessly bereft of Social duty and fatally bent on misch

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29
Q

MPC (depraved heart)

**there is a very fine line between depraved heart murder and manslaught

A

recklessness and conscious disregard of …
PLUS
circumstances that magnifies ….indifference to V of ….

manifistation of extreme difference towards human life, you are not a killer you are a murderer.

30
Q

what makes you a murder v. a killer

A

Depravity make you a murderer

**here is the problem, the prongs of malice are for both MPC and CL????*

31
Q

depraved heart Murder (DHM) example

is the = of purpose and knowledge, all a ? of degree of blameWorthiness

A

you are practive shooting in the woods, tryign to improve your sniper skills. you decide to shoot at a school but, and end up killing a child.

you are reckless +, your manifistation of extreme difference towards human life, you are not a killer you are a murderer.

32
Q

doub (dube factors)

you are a murderer even though you had no intent to kill

A

Depraved heart murder in fatal collisions:
Intoxicated
Speeding
Near collision or collision prior to accident
Wrong side of road
Failed to obey traffic signals
Left scene w/o rendering assistance.
History of incidents
Failed to head other’ warnings

33
Q

depraved heart testable

A

you need to ask youself if the conduct manifested an extreeme indifference to life

34
Q

depraved heart presumptions

A

you are presumed to have acted with a depraved heart if you acted or took part in the process of committing robbery, rape arson, burglary, kidnapping or felonious escape

35
Q

factors proving pre-meditation

jackson v state page 265

A
  1. want of provocation on part of the deceased
  2. statement’s D made B4 and after killing
  3. threats and declarations by D before and during killing
  4. illwill or previous difficulty between parties
  5. dealing of lethal blows after V has falled and helpless
  6. E killing was done in brutal manner
36
Q

three general catorgories of CE evidience of premeditation

page 265

A
  1. E about what D did prior to killing. (plan)
  2. E of previous relationhips that would give motive for killing
  3. facts about nature and design of kiling.
37
Q

determining a defendant’s consciousness of risk.

US v. williams

A

a jury consider the statements and actions of a homicide victim in determining a defendant’s consciousness of risk

A victim may never consent to homicide. However, a victim’s statements and actions may be considered to determine whether a defendant perceived a serious risk of injury or death stemming from the defendant’s conduct.

focus on what william knew: 6 minutes, 6 people knew V needed help.

38
Q

important concept.

US v. Williams Element v Defense, what was the issue that allowed appeal

ever so subtle page 273

you cannot consider V’s comments allowing beating, because there is not consent to homicide

A

the was a conflation of 2 principles:
1. whether V’s consent can be a justification or excuse for the commission of a crime and .
2. whether it can bear on the presense or absence of and element of a crime.

**Fundamental concept: if an element is missing, the crime did not occu

in williams: malice and aforethough was an mens reas element of the crime, if it did not occur and it is MS. By contrast- this could be used and an affirmative defense: At trial Williams was stating the former, that there was no mens rea element and that the death was accidental.

The ruled used by the prosecutor was one that a request of a V to help kill them is not and affirmative defesnse. BUT this rule cannot be used to keep the jury from considering the relavant fact that V invited the beating.

39
Q

Key between CL murder II and Vol MS is:

A

the functional equivalant of prupose or knowingly (the behavior was so bad (reckless). D didn’t care about someone elses life. Murder II

40
Q

Voluntary MS part I

intended killing w/o malice

A

it is a killing that would otherwise be murder BUT anger, fear or fright eclisped d’s capacity to form the malice (purpose for murder).

41
Q

Voluntary MS part II

A

there was a
1. sudden transport of passion OR
2. heat of blood,
3. of this this must produce a legally adequate provocation (RPP Standard)
4. there needs to be enough E to show that the sudden transport of passion or hot blood disabled your reason
3. w/no time for D’s hot blood to cool off
4. and D kills

see pouncy fro provocation

42
Q

MPC Manslaughter

Pg 276-277

Broad definition of MS allows many murders to fall into this catagory as opossed to CL

A
  1. it is committed recklessly or
  2. murder commited under the influence of extreme mental or** emotional disturbanc**e for which there is a reasonable explanation or excuse.

the reasonablness shall be from the viewpoint of a person in the actors situation under the cricumstances as D beleives them to be. (objective and subjective.

43
Q

Intended killing W/o malice (purpose) are:

A

CL: Vol MS (as a lesser included offense: it is a killing that would normally be murder but: anger, fear etc
MPS:

44
Q

Killing with garden variety reckeless is

A

invol MS

45
Q

when must the J include a lessor charge instruction

A
  1. When the all of the lessor offense Elements are included in the larger offense.
  2. and when there is E for the J** to link any fact to conclude** MS, the J MUST give the instruction.
46
Q

what seperates murder from MS

A

the element of provocation.

47
Q

legally adaquate Provocation: moving murder to MS

not talking about a hot head, we are talking about loss of control

A

only in exceptional cricumstances
- you can find aqaquate provocation, **BUT it does not mean it was reasonable **(High v. us), sister kisses guy on cheek he thinks they are humping all over the place.

RPP standard

48
Q

what is heat of passion

A

you acted ouf of emotion, you process of reasoning is disabled and YOU HAVE NOT CHOICE TO STOP, YOU CANNOT STOP.

circumstances made it impossible to choose

in puncy: he made choices, TF no MS jury instruction

49
Q

are words enough to support legally adaquate provocation for a jury instruction of MS

A

no: Words, as a matter of law are not enough.

50
Q

cooling off

A

seems to be a RPP standard

51
Q

The V MS/ 2nd degree murder dance

High v. United states

A

High objected to the instruction of V MS. He wanted all or nothing thinking that there was not enough E for murder II. . High appealed, arguing that there was insufficient evidence of adequate provocation to support an instruction on voluntary manslaughter.

However, the evidence was sufficient to support a conviction for second-degree murder because High acted with an intent to kill Nevins with relatively minimal provocation

52
Q

MPC

Heat of passion v. emotional disturbance defense

State v. Elliot

A

MPC is broader than CL

53
Q

provocation is adequate when:

A

it causes D to lose self control and
a RPP to lose self control

54
Q

Extreme Emotional Disturbance (EED-MPC)

THIS IS AN AFFIRMATIVE DEFENSE

A

does not need a triggering event and no time qualifications

55
Q

Extreme Emotional Disturbance (EED-MPC)

DOES NOT NEGATE ANY ELEMENT: THIS IS AN AFFIRMATIVE DEFENSE

A

this is the RPP standard though the vantage point of the D (objective and subjective)

56
Q

with the affirmative D of EED, who has the burden to prove

A

the D: wk JD w/mpc, the D must make some preliminary showing that Defense is viable, THEN govt will need to disprove the defense BYRD.

BYRD - beyond reasonable doubt

we can look back to a prior event to which there is a reasonable explaination.

57
Q

what qualifies as a reasonable explaination

A

look from the viewpoint of the RPP (objective) placed in D’s situation under teh cricumstances that D believes them to be. (subjective)

58
Q

`1

unintended killings

A

involuntary MS
- ordinary negligence (williams, baby)
- gross negligence (thomas)
- unlawful act (young)

59
Q

voluntary MS

A

CL Heat of passion (HOP) (pouncy, high)
MCP (EED) (Elliot)

60
Q

Felony Murder

A

unintended killing (hines, brown, sophophone, baker)

61
Q

Depraved heart murder

A

is the functional purpose of purpose and knowledge but no “+” factor

62
Q

Turn this around

A

intended killings v. unintended killings
voluntary | involuntary
|
Murder | Felony Murder
MS | IMS

63
Q

how does MPC EED vary from HOP

A

Er…? cricumstances that mitigate D’d culpability
- no sudden provocaton needed
- cooling off is not a requirement , because mental state turns to brood then to homicide w/o provocation

64
Q

RULE

involuntary MS

unintended killing

A
  • by wanton or reckless conduct, OR
  • by wontaon or reckelss of failure to act
  • by battery MS, where D intentionally committed battery, TF endangering human life and D knew or should have known that battery endangered human life

also called misdemeanor MS

65
Q

Type I involuntary MS: what are the Elements of Involuntary MS

RUBRIC

this does not include IMS failure to act

A
  1. causation: death
  2. D’s intended conduct that caused death
  3. D’s conduct was wonton and reckless
66
Q

Type II involuntary MS: what are the elements of IMS failure to act

4 elements/ Rubric

A
  1. failure to act
  2. either a special relationship that gave rise to duty
  3. D created situtation of danger? (need more on this element)
  4. D’s failure to act was wonton and reckless.
67
Q

Type III Involuntary MS: Battery MS

page 302

A
  1. Causation: Death
  2. D intentionally commited battery (battery that endangered a human life)
  3. D know or out ought to knowthat the battery endangered the human life.
68
Q

**Examination of the Causation in State V. Williams IMS case **

THIS WOULD MAKE A GOOD FINAL QUESTION

A
  • need but 4 and proximate cause
  • we need to determine when the duty for medical care was imposed.
    1. at what point was it obvious (RPP) that the child needed a doctor. **The duty to act is not activated **until RPP needed to take child to doctor.
    2. When was it too late to save the child, this is the window.
    3. if the duty to act was after it was too late to save teh child then there was not duty.

when D was on notice that the child was sick and there was a lack of improvement, at that point they needed to bring the child to a doctor.

69
Q

Gross Negligence

A

is the functional equivelant of recklessness

297 note 1

70
Q

putting the culpability states in order

A
  1. Start with the civil standard (how we should act)
  2. civil standard of ordinany negligence
  3. criminal standard of negligence
  4. gross negligence (so close to recklessness)
  5. recklessness
  6. recklessness “+” a depraved heart (purpsoe)
  7. purpose
  8. knowingly

Crim Law (13 decks)

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