Homicide Offenses

Question 1

First Degree Murder

Answer 1

Intentional killing. Must be willing, deliberate, and premeditated.

*Deliberation can be very short.

Question 2

Second Degree Murder

Answer 2

Felony murder; any homicide committed by a defendant who is:

(1) Engaged as a principal or an accomplice
(2) Attempting, committing, or fleeping an I BARRK offense–IDSI, Burglary, Arson, Robbery, Rape, Kiddnapping

*PA allows inconsistent verdicts; need not be convicted of the underlying felony to be convicted of felony murder

Question 3

Third Degree Murder

Answer 3

All killings done with malice, but without specific intent.

Includes where there is a conscious disregard of an unjustifiable, extremely high risk of death or serious injury.

Question 4

Homicide by Drug Delivery

Answer 4

(1) Deliver a controlled substance to another; and
(2) Another person dies from its use

Question 5

Homicide by Motor Vehicle while DUI

Answer 5

Must be causation proven bw the victim’s death and the driver being under the influence

Question 6

Homicide by Motor Vehicle

Answer 6

When a driver is reckless or grossly negligent while operating a motor vehicle while violating the law, and the driver kills someone

Question 7

Voluntary Manslaughter

Answer 7

Heat of passion killing:

(1) Sudden and intense passion
(2) From a serious provocation–provocation must come from the person killed or the person defendant tried to kill

Mistaken Jusficiation:

(1) Defendant actually believes the killing was justified
(2) But her belief was wrong and unreasonable

*This is a failed self defense claim

Question 8

Involuntary Manslaughter

Answer 8

Death caused as a direct result of doing any act in a reckless or grossly negligent manner