Homicide (Module 5)

Question 1

Common Law Murder

Answer 1

Unlawful killing of a human being with malice aforethought

Malice aforethought exists when there is:
- intent to kill
- intent to cause great bodily injury (2nd degree)
- reckless indifference to unjustifiably high risk to human life (depraved heart)
- intent to commit a felony resulting in death (felony murder)

Question 2

Statutory Modifications to Common Law Murder

Answer 2

1ST DEGREE MURDER
a) Deliberate and Premeditated
- D made decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing
- Acted with the specific intent or knowledge that their conduct would cause death

b) First Degree Felony Murder
Killing done in the commission of a violent or enumerated felony (depending on jx); Enumerated felonies typically are:
Burglary
Rape
Arson
Kidnapping
Robbery

c) Homicide of police officer when D knew they were an officer and the officer was acting in the line of duty

2ND DEGREE MURDER
a) Depraved Heart (killing done with a reckless indifference to an unjustifably high risk to human life)
b) Pretty much anything else not covered in 1st degree

FELONY MURDER
Not sure how this is different from 1st degree FM

Question 3

Limitations on Liability to Felony Murder

Answer 3

1. D must have had the specific intent to commit the underlying felony (if a defense such as volutnary intox negates that intent, they are not liable for murder)
2. Felony must be distinct from the killing itself (e.g., can’t be aggravated battery or something like that)
3. Death was a foreseeable result of the commission of the felony
4. Death happened during/in the immediate flight from the felony
5. Not liable when it’s a co-felon that was killed (unless they were the one that killed them obvs)
6. Two different theories of liability when an innocent victim is killed in the commission of the felony:
   a) Proximate Cause (minority): liable for death caused by someone other than self or co-felon
   b) Agency Theory (majority): liable for killing committed by the felon or their co-felon

Question 4

Voluntary Manslaughter Elements

Answer 4

Murder but for the existence of adequate provocation

1) provocation would cause sudden/intense passion in an ordinary person (objective)
2) D was actually provoked (subj)
3) not suff time for rxble person to have cooled off (obj)
4) D did not cool off (subj)

Question 5

Imperfect Self-Defense (Manslaughter)

Answer 5

Murder will be reduced to manslaughter if:

1) D started the altercation
2) D unreasonably but honestly believed that the use of deadly force was necessary

Question 6

Involuntary Manslaughter

Answer 6

D had criminal negligence (common law) or acted with recklessness (MPC) to a substantial risk of death

Minority - killing done in the commission of a misdemeanor or a felony not included in a felony murder statute

Distinguished from Depraved Heart - inv manslaughter requires a SUBSTANTIAL risk, DH requires an unjustifiably high risk

Question 7

Causation for Homicide (and Limitations)

Answer 7

Must be both:
- the but-for cause (would not have occurred but-for D’s conduct); and
- the proximate cause (death was the natural and foreseeable consequence of the conduct)

An act that hastens the inevitable result is still the cause (e.g., mercy killing)

Simultaneous acts of two or more persons can be independently sufficient causes of a single result

Pre-existing weakness/fragility of the victim (even if not FOS) does not break the chain of causation

Year and a Day Rule (abolished by majority): death of a victim must occur within one year and one day from infliction of injury

Intervening Acts that are outside the foreseeable sphere of risk will break the chain of causation (but very high bar)