Homicide - The Killing of a Living Human Being by Another Flashcards
What is murder?
The unlawful killing of another living human being with malice aforethought (premeditated and/or deliberate).
How can malice be shown?
Shown with any of the following:
Intent to kill
-> conduct that is the legal cause of death + intent to kill
Intent to do serious bodily injury
-> intent to do serious bodily injury + unintentional killing
Reckless indifference to human life
-> results from reckless indifference to an unjustifiably high risk to human life + unintentional killing (“depraved heart”)
Intent to commit a felony (felony murder)
-> proximately caused by and during the commission or attempted commission of an inherently dangerous felony + unintentional killing
What is a felony murder?
The unintended and foreseeable killing proximately caused by and DURING the commission or attempted commission of an inherently dangerous felony.
What are the most common forms of crime that involve a felony murder?
Burglary
Arson
Robbery
Rape
Kidnapping
What must the prosecution prove under felony murder?
The prosecution must establish the underlying felony and that D committed that felony.
What are the competing theories of agent liability under felony murder?
Majority rule - Agency theory
-> D is not liable for a bystander’s death caused by a felony victim or police officer.
Minority rule - Proximate cause theory
-> a bystander’s death falls under FMR because the death is a direct consequence of the felony.
Is D liable for a co-felon’s death by a victim or police officer?
No.
But is liable for the co-felon’s death if D is the one who killed the co-felon, even if it was unintentional.
What kind of death does felony murder not encompass?
Does not encompass death occurring after flight from the scene of the crime.
How does first degree murder work?
Deliberate and premeditated murder
-> after forming the intent to kil, D had time for reflection
-> it’s a specific-intent crime meaning that specific-intent defenses are available to D
OR
Felony murder
What is second degree murder?
Malice Crime
Committed with the necessary malicious intent (common-law murder), or the default category if not first-degree murder.
What is voluntary manslaughter?
Homicide committed with malice aforethought, BUT also with mitigating circumstances.
What is a “heat of passion” murder?
Murder committed in response to a situation that could inflame a reasonable person (eg. serious battery, threat of deadly force, but usually not mere words).
Is “heat of passion” a defense? What does it do?
When does this effect from “heat of passion” not count?
Not a defense, but it reduces murder to voluntary manslaughter.
If there was sufficient time between the provocation and the killing for a reasonable person to cool down, then murder is not mitigated to manslaughter.
Does transferred provocation apply to “heat of passion” murder?
It applies if D misidentified her provoker or accidentally kills the wrong person.
What is the imperfect defense that generally drops murder to voluntary manslaughter?
Many states reduce murder to voluntary manslaughter if D started the altercation OR unreasonably believed in the necessity of using deadly force.
What is involuntary manslaughter?
An unintentional homicide committed with criminal negligence or during an unlawful act.
What is criminal negligence under involuntary manslaughter?
Grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious injury or death.
What is an unlawful act under involuntary manslaughter?
A killing committed during the commission of
-> a malum in se misdemeanor (e.g. assault, battery)
OR
-> a felony that is not treated as first-degree felony murder or second-degree murder
Is consent to murder a defense for the D (victim consented to the murder)?
Never a defense for killing someone, so would be a murder.
Can someone be convicted of murder if the reason the person died was due to negligent medical practice?
Negligent medical treatment is generally foreseeable, so it does not break the chain of proximate causation.
