Homicide - Unintentional Killings Flashcards
What are the two types of Unintentional Killings?
1) Involuntary Manslaughter
2) Felony Murder
MPC Definition of Involuntary Manslaughter (MPC 201.3(a))?
Criminal homicide constitutes involuntary manslaughter when committed recklessly.
What is the Illinois Involuntary Manslaughter statute?
A person who unintentionally kills an individual without lawful justification + performing acts, whether lawful or unlawful, which are likely to cause death or great bodily injury + performs those acts with a mens rea of recklessness.
What is the statutory definition of involuntary manslaughter?
An unintentional killing with a mens rea of negligence or recklessness, depending on the jurisdiction.
What is the definition of Felony Murder?
Felony-murder is proved by demonstrating that an unintended killing took place in the commission of certain felonies.
What type of crime is felony-murder?
A transferred intent crime.
What is required for the Illinois Felony-Murder statute?
The Illinois first degree murder statute encompasses felony-murder is attempting or committing a forcible felony other than second degree murder.
In most jurisdictions, the felony that triggers the felony-murder statute cannot be an offense that is inherent in the act of killing itself.
