Homicides

Question 1

Premeditated Murder

Answer 1

The premeditated, intentional killing of another.

Question 2

Murder

Answer 2

The intentional killing of another.

Question 3

Voluntary Manslaughter

Answer 3

Intentional killing done under extreme emotional or mental disturbance (MPC) or provocation (CL).

Question 4

Involuntary Manslaughter

Answer 4

The reckless killing of another.

Question 5

Criminally Negligent Homicide

Answer 5

The negligent killing of another.

Question 6

When is a murder premeditated?

Answer 6

A murder is premeditated if the defendant formed the intent to kill and then had time to reflect on that intention before the actual killing.

Question 7

Tests for Premeditation

Answer 7

(1) “No time is too short” jurisdictions.
(2) Did the defendant himself reflect, consider, deliberate on his actions?
(3) Was there enough time for a reasonable person to reflect, consider, deliberate?

Question 8

Provocation Doctrine

Answer 8

The common law provocation doctrine serves to reduce an intentional killing from murder to voluntary manslaughter.

It’s a partial defense, downgrading murder to voluntary manslaughter.

Question 9

Provocation Elements (CL)

Answer 9

(1) adequate provocation; (2) occurred in the heat of passion; (3) insufficient cooling off period; (4) causal connection.

Question 10

Adequate Provocation

Answer 10

Traditional categories: (1) catching adultery; (2) mutual combat; (3) assault and battery; (4) injury to defendant’s relative; (5) false arrest.

Standard: An action calculated to upset or inflame the passions of a reasonable man and cause the defendant to act from passion rather than reason.

Question 11

Provocation Elements (MPC)

Answer 11

(1) Committed under the influence of extreme mental or emotional disturbance; (2) Reasonable explanation or excuse for the disturbance.

Question 12

Reasonable Explanation or Excuse (MPC Provocation)

Answer 12

Determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.

The MPC commentary suggests that a reasonable explanation or excuse is just one that arouses the sympathies of the jury and causes them to feel that leniency is justified.

SPLIT: Some jurisdictions allow juries to consider anything, but others maintain that things that affect your ability to control yourself cannot be included in “reasonable explanation” or excuse.

Question 13

Depraved Heart Murder

Answer 13

A reckless killing becomes depraved heart murder when:

(1) There is a high probability that the actor’s conduct causes death.

(2) Actor exhibits an utter indifference to the value of human life and a “don’t give a damn” attitude; so blameworthy, as to render the actor as culpable as one whose conscious motive is to kill.

Question 14

Depraved Heart Murder: Function

Answer 14

While the doctrine of provocation can serve to downgrade a murder to manslaughter, the doctrine of depraved heart murder can upgrade an involuntary manslaughter to a murder.

Murders are committed with malice (intentionally), while depraved heart murders are committed with implied malice (recklessly).

Question 15

Depraved Heart Murder (MPC)

Answer 15

MPC jurisdictions upgrade manslaughter to murder when it is committed recklessly under circumstances manifesting “extreme indifference to the value of human life.”

Question 16

Felony Murder

Answer 16

The classic formulation of the felony-murder doctrine declares that one is guilty of murder if a death results from conduct during the commission or attempted commission of any felony.

Question 17

Approaches to Appropriate Triggering Felonies

Answer 17

(1) Categorical Approach: BARKER
Burglary, Arson, Robbery, Kidnapping, Escape, Rape.

(2) Inherently Dangerous Felonies: Abstract Approach
Look at the elements in the abstract, not the facts of the case.
It’s only an inherently dangerous felony if there is no way that the crime could be committed without risk of death.

(3) Inherently Dangerous Felonies: Facts + Circumstances Approach
Look at the facts and circumstances to see if the felony was inherently dangerous.

Question 18

Felony Murder (MPC)

Answer 18

If you’re committing a BARKER crime and a death results, you’re presumed reckless and indifferent (their DHM).

Question 19

Felony Murder Limitations

Answer 19

Felony Murder Limitations:
(1) Has to be an appropriate triggering felony.

(2) Merger doctrine.
A felony that is assaultive in nature cannot serve as the basis of a felony-murder charge unless the felony was committed with an independent felonious purpose.

(3) Death must be “in furtherance” of the felony. Does it fall within the res gestae of the felony?
Timing; Distance; Causation

Agency Approach: The majority rule is that the felony-murder doctrine does not apply if the person who directly causes the death is a non-felon.

Proximate Causation Approach: The minority rule is that the felony murder doctrine applies when the defendant set into motion the events that led to the death.