Homicide: Murder

Question 1

Definition of CL murder

Answer 1

Murder is the unlawful killing of another with malice aforethought

Question 2

Definition of express Malice:

Answer 2

the deliberate intent to kill another

Question 3

Transferred Intent Doctrine

Answer 3

The intent to kill person A will be transferred to the victim that was actually killed

Question 4

Elements of Implied Malice

Answer 4

the killing is proximately caused by:

1. Dangerous Act
2. Conscious disregard to endangering the life of another

Question 5

What must the prosecution show to convict someone of murder:

Answer 5

Express/implied malice aforethought

Question 6

Intent to inflict Serious Bodily Harm: Implied Malice

Answer 6

2nd degree murder

Mens Rea: If the person intends to cause grievous bodily injure to another but death results, then malice aforethought would be implied

Question 7

Gross Recklessness (Malignant/Depraved Heart Murder): Implied malice

Answer 7

2nd degree murder

• D understood and appreciated the risk to life but did it anyways

D commits a reckless act with reasonable anticipation of risk that death or serious bodily injury is likely to occur

Note:
- D must have a conscious disregard for human life

• risk must be unjustifiable

Question 8

Felony Murder

Answer 8

1st or 2nd degree

Killing committed during the course and in furtherance of the felony. If death occurs during that felony, regardless if intended the death, then counts as a felony-murder

Question 9

Express Malice: 1st degree murder if

Answer 9

1. Premeditated (examples: poison, destructive device or explosion, weapons of mass destruction, lying in wait, torture)
2. Willful and Deliberate
3. Felony Murder
   BARRK

Question 10

Factors of premeditation (1st degree murder)

Answer 10

1. planning
2. motive
3. exacting nature of the killing

Question 11

Deliberation (1st degree)

Answer 11

Quality of thought (not due to provocation or heat of passion)

Question 12

Express Malice 2nd Degree Murder if:

Answer 12

1. Intent to kill without premeditation or deliberation
2. Felony Murder

Question 13

Implied Malice: 2nd Degree Murder if

Answer 13

1. Intent to inflict grievous bodily harm
2. extreme recklessness