homicide COPY Flashcards

Question

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

Answer 1

CL rash and uncontrolled impulse

Answer 2

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

Answer 3

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

Answer 4

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

Answer 5

recklessness and conscious disregard of ... PLUS circumstances that magnifies ....indifference to V of .... ## Footnote **manifistation of extreme difference towards human life, you are not a killer you are a murderer.**

Answer 6

Depravity make you a murderer | **here is the problem, the prongs of malice are for both MPC and CL????*

Answer 7

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.**

Answer 8

**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

Answer 9

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

Answer 10

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

Answer 11

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

Answer 12

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.

Answer 13

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

Answer 14

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 ## Footnote 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.

Answer 15

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

Answer 16

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).

Answer 17

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

Answer 18

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. ## Footnote **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 subjectiv**e.

Answer 19

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

Answer 20

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.

Answer 21

the element of provocation.

Answer 22

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**

Answer 23

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

Answer 24

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

Answer 25

seems to be a RPP standard

Answer 26

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

Answer 27

| MPC is broader than CL

Answer 28

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

Answer 29

## Footnote does not need a triggering event and no time qualifications

Answer 30

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

Answer 31

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

Answer 32

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

Answer 33

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

Answer 34

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

Answer 35

unintended killing (hines, brown, sophophone, baker)

Answer 36

is the functional purpose of purpose and knowledge but no "+" factor

Answer 37

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

Answer 38

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

Answer 39

- 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

Answer 40

1. causation: death 2. D's intended conduct that caused death 3. D's conduct was wonton and reckless

Answer 41

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.

Answer 42

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.

Answer 43

- 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**. ## Footnote 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.

Answer 44

is the functional equivelant of recklessness | 297 note 1

Answer 45

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