Homicide: Murder and Manslaughter Flashcards
State the rule: Homicide
Homicide is the killing of another person caused by the defendant.
State the rule: Murder (general rule)
Murder is a homicide committed (physical act) with malice (mental state)
What are the four ways a defendant can cause the death of another?
- Acting alone to cause death
- Her omission caused the death, and she had a duty to act (from a statute, contract, relationship, or voluntary undertaking)
- Act of a third party caused the death
- Death for a foreseeable result of defendant’s act or omission
What is vicarious liability?
Vicarious liability stands for the proposition that a defendant may be liable for the crime of another.
Who can be liable for vicarious liability?
1) a solicitor
2) a conspirator
3) accomplice
4) through the felony murder rule
What mental state is required for murder?
Malice
What are the four ways to establish malice?
1) intent to kill
2) intent to inflict great bodily harm or serious bodily injury/harm
3) depraved heart
4) felony murder rule
How can you demonstrate intent to kill?
Through defendant’s words or by using the deadly weapon doctrine
What is the deadly weapon doctrine?
The use of a deadly weapon, in a dangerous manner, creates a presumption of intent to kill
What is a depraved heart?
The reckless indifference to the known high risk of death or serious bodily harm. (Reckless indifference is objective, the known risk is subjective)
A shoots a gun at a target in a vacant lot, knowing there are houses in range. A bullet misses the target and kills an occupant of one of the houses. Does A have the requisite intent to establish murder?
Likely yes. Shooting a gun in a vacant lot KNOWING there are houses nearby is reckless indifference to the lives of others and can be enough to establish depraved heart.
A shoots a gun at an abandoned commercial building around 2 am. Unknown to A, a homeless vagrant was asleep in the building and is killed by A’s bullet. Does A have the requisite intent to establish murder?
Likely no. He lacks the subjective knowledge of the high risk of death or bodily harm as he does not know anyone is inside an abandoned commercial building.
Define, simply, the felony murder rule
Homicide committed during the perpetration of an inherently dangerous felony***can be first degree murder.
What is the time frame for the application of the felony murder rule? (e.g. from when can it apply to when does it end?)
From attempt until felon reaches a place of temporary safety (out of hot pursuit, getaway house)
What are the inherently dangerous felonies for the purposes of the felony murder rule?
BARRK (Burglary, Arson, Rape, Robbery, and Kidnapping)
Minority: Some states include non-dangerous felonies committed in a dangerous manner.
What is the minority position on felonies that suffice for the felony murder rule?
Non-dangerous felonies committed in a dangerous manner.
Joe commits assault and during the assault someone dies. Can assault satisfy the felony murder rule to establish intent to kill?
No. The felony must be independent from the act that caused the death.
What is a defense to the felony murder rule?
Any defense to the underlying felony is a defense to the felony murder charge.
Which felons are liable for the death caused by a co-felon?
All of them. Except if a non-felon kills a felon, under the majority view. Under the minority of states, felons are excused from the felony murder liability if a non-felon kills another non-felon while resisting the felony.
Name the basic elements of the felony murder rule.
1) homicide
2) committed during the perpetration of
3) an inherently dangerous felony (Barrk)
4) that is a foreseeable result of the felony
Is there a proximate cause requirement for the felony murder rule?
Yes. The homicide must be a foreseeable result of the felony. Put differently, the felony must be the proximate cause of the homicide.
Define involuntary manslaughter
A homicide committed without malice
What are the three situations in which involuntary manslaughter can be shown?
1) Intent to inflict slight bodily harm
2) Criminal negligence
3) Misdemeanor-manslaughter
What is the misdemeanor-manslaughter rule?
When a defendant kills while committing a non-inherently dangerous felony (i.e. a felony not sufficient for felony murder rule) or a malum in se (inherently wrongful act) misdemeanor as opposed to a malum prohibitum (wrongful only because of a statue)
What is a malum in se misdemeanor?
A misdemeanor that is inherently wrong in nature (theft, larceny, public intox, possession)
What is a malum prohibitum misdemeanor?
A misdemeanor that is only wrongful because of a statute or other similar devise.
Define criminal negligence (one of the three situations in which involuntary manslaughter can occur)
Defendant kills victim while acting in a more than ordinary negligent manner, but not in such a manner sufficient for depraved heart. D’s conduct was a gross deviation from the standard of care a reasonable person would exercise.
What are the four primary justifications for murder (or any other crime)?
1) Self-defense
2) Defense of others
3) Crime prevention
4) Apprehension/Arrest of a Criminal
If a homicide or any other crime is justified, is the actor liable for the crime?
No.
When can self-defense be used?
Deadly force may be used to protect against an imminent deadly attack. The deadly force must be reasonable and necessary to repel the attacker.
Is there a duty to retreat under the self-defense doctrine?
No, unless the defendant is the initial aggressor and safe retreat is possible.
Minority: defendant must retreat before using deadly force if safe retreat is possible (unless D is in his home, a police officer, or victim of violent felony)
If the defendant is the initial aggressor may he ever use self-defense?
Yes if: 1) he clearly withdraws OR 2) the defendant initially used non-deadly force and is now faced with an attacker suddenly using deadly force AND 3) if safe retreat is available, the initial aggressor must retreat before using deadly force.
Can a defendant use deadly force to protect a criminal or initial aggressor who had no right to use self-defense against their attacker?
Majority, a defendant may claim defense of others if the victim reasonable appears to have the right to use deadly force, even if the other does not actually have that right (mistake allowed)
Minority, a defendant can use no more force than that person they are defending (steps into the shoes, no mistake allowed)
Who can use deadly force to prevent crimes?
A police officer or private person, if that deadly force is reasonably necessary to prevent the commission of a dangerous felony (BARRK)
Who can use deadly force to apprehend criminals?
Police and private persons. Private persons can only use deadly force is the person they are attempting to apprehend is actually guilty of the dangerous felony.
Is there a right to use deadly force in the protection of one’s dwelling or property?
Generally no, unless the intruder is violent or intends to commit a felony inside.
Under what circumstances is the defendant allowed to make a reasonable mistake?
Self-defense, defense of others (majority rule only), and crime prevention.
What are the three excuses to homicide (or any other crime?
- Youth/infancy
- Insanity
- Intoxication
What is the law regarding the excuse of infancy?
- Under the age of 7=no criminal liability
- Between 7 and 14=rebuttable presumption of no criminal liability
- Over 14=treated as an adult
Name the four tests for insanity\
- M’Naughten (Right/Wrong Test)
- Irresistible Impulse Test
- ALI/MPC Test
- Durham Test
What is the M’Naughten Test of insanity?
Defendant, as a result of mental defect did not know the wrongfulness of his act OR could not understand the nature and quality of hi acts
Focus on cognitive impairment
What is the irresistible impulse test?
Defendant as a result of a mental defect was unable to control his conduct or conform his conduct to the law
Focus on volitional ability/impairment
What is the ALI/MPC test of insanity?
Defendant lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law
Focus on both volitional and cognitive impariment
What is the Durham Test of insanity?
Defendant is not guilty if his crime was the product of a mental disease or defect.
Only followed in New Hampshire, but still mention
When is the excuse of intoxication going to excuse one from criminal liability?
Voluntary intoxication can negate specific intent crimes but only if the defendant is so intoxicated he cannot perform the specific intent required for the crime. It may also preclude a finding of deliberation if the defendant is charged with First Degree Murder.
Is voluntary intoxication an excuse to all crimes?
No. It is not an excuse to general intent crimes, no intent crimes (strict liability), or malice. It is only an excuse to specific intent crimes if the D was so drunk he could not form the requisite specific intent.
When does involuntary intoxication arise?
When the defendant involuntarily (forced to consume) or unknowingly (voluntarily consumed without knowledge substance was intoxicant) becomes intoxicated.
Is involuntary intoxication a defense to crimes?
Yes, if the intoxication renders the defendant “insane” under the applicable insanity test.
What is the minority position on involuntary intoxication as a defense to criminal liablity?
Minority recognizes a diminished capacity defense where evidence of defendant’s mental defect is insufficient for insanity is admissible to prove the defendant did not or could not form the intent required for the crime.
What is mitigation in homicide cases?
Lowering the criminal liability to voluntary manslaughter.
When can a murder be mitigated to voluntary manslaughter?
Through provocation to kill or good faith mistake as to self-defense, defense of others, or crime prevention
If a defendant experiences provocation, what must the provocative act be?
One that would cause both subjective and objective passion, and no “cooling off” occurred
What is objective passion under provocation?
The provocation must be one that would have caused a reasonable person to lose self-control and a reasonable person would not have cooled off in the time lapse between the provocation and time of the killing,.
What is subjective passion under provocation?
Defendant must have been actively provoked losing self-control and did not cool off before killing the victim.
State the rule statement for voluntary manslaughter via provocation
an intentional killing will be mitigated to voluntary manslaughter if the defendant experiences adequate provocation. The provocative act must be one that would cause both subjective and objective passion, and no cooling off occurred.
What are some examples of objective provocation?
Inflicting a staggering blow
Catching a spouse in an act of adultery with the victim
What is the imperfect self-defense?
When a defendant kills a victim under good faith, but unreasonable mistaken belief as to self-defense, defense of others, or crime prevention. Will work as a mitigation to voluntary manslaughter.
At common law were there degrees of murder?
no
What are the two types of first degree murder?
- Premeditation and deliberate intent to kill
2. Felony Murder Rule
What is premeditation for first degree murdeR?
The intent to kill is premeditated if the defendant had time, even for a brief moment, to think about killing the victim before doing so.
What is deliberate intent to kill for first degree murder?
The intent to kill is deliberate if the defendant acted in a calm and cool frame of mind (cold blooded). If the defendant was at all angry, excited, suffering from a mental disturbance, that will likely lead to a finding that the killing was not deliberate.
How can the felony murder rule elevate to first degree murder?
If the murder satisfies the felony murder rule AND is based on one of the specified felonies in the state’s First Degree Murder statute (usually Barrk)
What murders are second degree murders?
All other murders that do not qualify as first degree.
Not a question, just a summary card!
Murder: homicide with malice and no justification, excuse, or mitigation. Finish with degrees of murder
Involuntary manslaughter: homicide without malice and no justification or excuse.
Voluntary manslaughter: homicide with malice but with mitigation (and no justification or excuse)
