Homicide Part 1

Question 1

Homicide is

Answer 1

The unlawful killing of a human being

Question 2

At common law homicides were initially divided into two groups:

Answer 2

Murder and manslaughter

Question 3

Murder was a killing done with

Answer 3

Malice aforethought

Question 4

Manslaughter was a killing done

Answer 4

Without malice aforethought

Question 5

Over time, both murder and manslaughter were divided into different degrees based on

Answer 5

The defendants mental state

Question 6

Common law recognizes 5 types of homicide that include

Answer 6

First Degree Homicide
Second Degree Homicide
Voluntary Manslaughter
Involuntary Manslaughter
Negligent Homicide

Question 7

The mental state for common law first degree homicide

Answer 7

Willful, deliberate & premeditated or Felony Murder

Question 8

The mental state for common law second degree murder

Answer 8

Willful without premeditation or deliberation or Depraved Heart (Reckless +)

Question 9

The mental state for common law voluntary manslaughter

Answer 9

Heat of passion

Question 10

Mental state for common law involuntary manslaughter

Answer 10

Recklesness

Question 11

Mental state for common law negligent homicide

Answer 11

Negligent

Question 12

Under the MPC there are three levels of homicide that include

Answer 12

Murder
Manslaughter
Negligent Homicide

Question 13

The mental state for MPC Murder

Answer 13

Purposely or Knowingly OR Extreme Indifference (Reckless +)

Question 14

The mental state for MPC manslaughter

Answer 14

Extreme Emotional Disturbance or Recklessness

Question 15

The mental state for MPC Negligent Homicide

Answer 15

Negligent

Question 16

___________ is more than a mere intent to kill; it is a fully formed conscious purpose to kill. This purpose to kill may be formed a moment before the act but must exist for a sufficient length of time to permit reflection as to the nature of the act to be committed and the probable result of that act.

Answer 16

Premeditation

Question 17

Evidence of “planning” activity (obtaining a weapon, etc.)

Answer 17

Factor Proving Premeditation

Question 18

The defendant’s conduct and statements before and after the killing

Answer 18

Factor Proving Premeditation

Question 19

The defendant’s motive for the killing

Answer 19

Factor Proving Premeditation

Question 20

How the killing was committed (brutality, committed after the victim rendered helpless, etc.)

Answer 20

Factor Proving Premeditation

Question 21

The type of weapon used

Answer 21

Factor Proving Premeditation

Question 22

The nature and number of wounds inflicted on the victim

Answer 22

Factor Proving Premeditation

Question 23

The relationship between the victim and the defendant (threats, escalating pattern of violence, ill-will between the victim and the defendant.)

Answer 23

Factor Proving Premeditation

Question 24

Lack of provocation by the victim

Answer 24

Factor Proving Premeditation

Question 25

The passage of time

Answer 25

Factor Proving Premeditation