Homicide Offenses Flashcards

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1
Q

Homicide

A

(1) The killing of another human being

(2) Neutral term

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2
Q

Types of Homicide

A

(1) Accidental
(2) Justifiable
(3) Excusable
(4) Criminal

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3
Q

Categories of Homicide

A

(1) Murder
(a) Killing w/ malice aforethought
(2) Manslaughter
(b) Killing w/o malice aforethought

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4
Q

Malice Aforethought

A

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

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5
Q

Proving the Intent to Kill

A

Natural and Probable Consequence Doctrine

(1) Presumes that a person intends the NP consequences of his voluntary act

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6
Q

Manslaughter [CL]

A

An intentional killing w/o malice aforethought, in the sudden heat of passion as a result of adequate provocation

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7
Q

Adequate Provocation [CL]

A

(1) Mutual, continuous affray
(2) Adultery

Note: a continuous period of provocation resulting in intermittent outbreaks of rage is valid

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8
Q

Penn. State Reforms [CL]

A
(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
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9
Q

Homicide Categories [MPC]

A

(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

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10
Q

Premeditation

A

(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

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11
Q

Factor Analysis for Premediation and Deliberation

A

(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)

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12
Q

Voluntary Manslaughter [CL]

A

(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

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13
Q

Involuntary Manslaughter: Wanton and Reckless Behavior Standard [CL]

A

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

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14
Q

Involuntary Manslaughter: Elements [CL]

A

D is guilty of involuntary manslaughter

(1) He fails to exercise ordinary caution as RPP
(2) Such negligence proximately causes the death of another

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15
Q

Felony Murder [CL]

A

(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

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16
Q

Felony Murder: Theories of Liability

A

(1) Agency Theory [Majority View]
D1 is not liable for the death of D2
(2) Causation Theory [Minority View]
D1 is liable for the death of D2

17
Q

Felony Murder [MPC]

A

Reckless under circumstances manifesting extreme indifference to value of human life

18
Q

Felony Murder: Establishing a Casual Connection

A

(1) Resulting death was caused during the commission/furtherance of a felony,
(2) Resulting death was a foreseeable/probable result of the felony committed,
(3) Resulting death was either
(a) Indirectly caused by a participant in the felony, or
(b) Directly caused by a participant in the felony, and
(4) The person killed was a non-participant of the felony

19
Q

Felony Murder: Immediate Flight Factors

A

(1) Location of felony and death,
(2) Amount of time btw felony and death,
(3) Possession of loot from felony,
(4) The close pursuit of law enforcement, and
(5) Whether D had reached a place of safety