Homicide Crimes

Question 1

Involuntary manslaughter

Answer 1

-Death resulted
-From criminally negligent behavior OR reckless behavior
–Criminally negligent means
—(1) fails to be aware of substantial and unjustifiable risk AND
—(2) failure constitutes substantial deviation from reasonable standard of care
–Reckless means conscious disregard of substantial and unjustifiable risk

Question 2

Criminal negligence

Answer 2

(1) fails to be aware of substantial and unjustifiable risk AND
(2) failure constitutes substantial deviation from reasonable standard of care

Question 3

Recklessness

Answer 3

Conscious disregard of substantial and unjustifiable risk

Question 4

Accomplice liability

Answer 4

(1) Intent to assist principal
(2) Intent for principal to commit crime
(3) Actually aids/encourages principal before or during commission

Question 5

IF recklessness or negligence is mens rea THEN accomplice intent satisfied IF:

Answer 5

Accomplice intended to facilitate commission AND acted with recklessness or negligence

Question 6

Murder mental state

Answer 6

Malice aforethought
(Intent to kill or commit serious bodily harm, reckless indifference to unjustifiably high risk to human life, felony murder)

Question 7

Voluntary manslaughter mitigation requirements

Answer 7

Adequate provocation +
That would arouse passion that would provoke reasonable person +
No cooling off

Question 8

First-degree murder requirements

Answer 8

-Premeditation
-Killing in cool and dispassionate manner

Question 9

Depraved heart murder

Answer 9

-Unintentional killing
-Resulting from D’s reckless conduct