Homicide - NY

Question 1

1st Degree Murder

Answer 1

a. Intent to kill
b. D is more than 18 yrs ikd
c. At least 1 aggravating factor

• V is law-enforcement officer engaged in official duties at the time;
• F murder;
• V intentionally killed;
• Murder for hire;
• Killing was for W intimidation;
• More than 1 V intentionally killed in same criminal transaction

Question 2

2nd Degree Murder

Answer 2

a. Intentional killing not rising to 1st degree
b. Highly reckless demonstrating depraved indifference to human life [usually involves more than 1 V]
c. F murder where V was killed intentionally and not a co-F

Question 3

1st Degree Manslaughter

Answer 3

a. Intentional killing committed under the influence of a reasonable and extreme emotional disturbance
b. MR: intent to cause serious physical injury

Question 4

2nd Degree Manslaughter

Answer 4

a. D is aware and consciously disregards a substantial and unjustifiable risk of death
b. MR: recklessness

Question 5

Criminally Negligent Homicide

Answer 5

a. D should have been aware of a subst & unjustifiable risk of death
b. MR: criminal negligence

Question 6

Aggravated Homicide

Answer 6

when V is a police officer killed in line of duty

Question 7

Aggravated Murder

Answer 7

when D over age 18, causes death of child under 14 in esp cruel and wanton manner