Homicide Offenses Flashcards
Homicide
(1) The killing of another human being
(2) Neutral term
Types of Homicide
(1) Accidental
(2) Justifiable
(3) Excusable
(4) Criminal
Categories of Homicide
(1) Murder
(a) Killing w/ malice aforethought
(2) Manslaughter
(b) Killing w/o malice aforethought
Malice Aforethought
An extreme indifference to human life as evidence by a state of mind [Express or Implied]
(1) Intent to kill
(2) Intent to inflict serious bodily harm
(3) Extreme and reckless disregard for human life
(4) Intent to commit a dangerous felony and death results
Proving the Intent to Kill
Natural and Probable Consequence Doctrine
(1) Presumes that a person intends the NP consequences of his voluntary act
Manslaughter [CL]
An intentional killing w/o malice aforethought, in the sudden heat of passion as a result of adequate provocation
Adequate Provocation [CL]
(1) Mutual, continuous affray
(2) Adultery
Note: a continuous period of provocation resulting in intermittent outbreaks of rage is valid
Penn. State Reforms [CL]
(1) First-Degree Murder Intentional and premeditated w/ malice (2) Second-Degree Murder Intentional w/malice (3) Voluntary Manslaughter Intentional in the heat of passion and with adequate provocation but w/o malice (4) Involuntary Manslaughter Unintentional killing Committed recklessly or negligently w/o malice
Homicide Categories [MPC]
(1) Murder
Purposely, knowingly, or recklessly manifesting extreme indifference to human life
(2) Manslaughter
Recklessly killing another, or
Killing as a result of extreme mental or emotional disturbance
(3) Negligent Murder
Negligently killing another
Premeditation
(1) After the exercise of reflection and judgment
(2) Intent to kill formed prior to the act and must be sufficiently free from excitement and passion
(3) Can be a very brief period of time
(4) Proof of actual reflection is not required and circumstantial evidence is okay
Factor Analysis for Premediation and Deliberation
(1) What D did prior to the killing
Must show that D was engaged in activity directed
toward the killing
Characterized as “planning” activity
(2) D’s prior relationship with the victim
Needed to reasonably infer a motive
(3) The nature of the killing
The killing was so exact as to be intentional
according to a preconceived design
(4) First Degree Murder Sustained if…
Strong evidence of (1), or
Evidence of (2) in conjunction with either (1) or (3)
Voluntary Manslaughter [CL]
(1) An unpremeditated killing that occurs because the defendant is driven into the heat of an irresistible passion by a violent provocation constitutes voluntary manslaughter, not murder
(2) No reduction to manslaughter if an average man would have cooled off
Involuntary Manslaughter: Wanton and Reckless Behavior Standard [CL]
A D acts wantonly or recklessly if…
(1) D owed a duty of care to visitors invited to premises,
(2) D controlled the premises, and
(3) D intentionally fails to take appropriate care in disregard of the probable harmful consequences
(4) Fact that D did not foresee the consequence does not negate his wanton and reckless behavior
Involuntary Manslaughter: Elements [CL]
D is guilty of involuntary manslaughter
(1) He fails to exercise ordinary caution as RPP
(2) Such negligence proximately causes the death of another
Felony Murder [CL]
(1) D can be guilty of murder if it occurred during the commission or attempted commission of a felony
(2) Applies to a non-killer felon if there is both a causal relationship and a temporal relationship between the underlying felony and the act resulting in death
