Homocide Flashcards
Homocide
There is a dead body
2 ways to be guilty
- Murder
- Manslaughter
Murder
4 ways
Never infer specific intent to kill murder
1. Intent to kill
2. Intent to inflict serious bodily harm.
3. Felony murder
4. Depraved heart
Manslaughter
2 Ways
- Voluntary
- Involuntary
Recklesss (Crim law)
People Present
Negligent
No people Present
Imperfect Self Defense
Where 1 is defending themselves but they are using excessive force, because I honestly believe that I need to use it and I kill someone, I will only be guilty of voluntary manslaughter not murder
Involuntary Manslaughter- parent child
- Hypo: where a parent is neglecting the care of the child, they don’t take to dr, hospital dnt give med, and the child dies that will always be involuntary manslaughter. Idea they don’t think parent would have willfully done that. They were negligent not murder.
Intent to kill
-
Intent to kill : Premeditated killing.
a. I wanna kill him and I kill him.
b. Specific intent
Intent to inflict serious bodily harm
a. I didn’t wanna kill him I just wanted to injure him
b. No specific intent to kill
Felony Murder
Felony murder
a. While in the course of committing a dangerous felony a death occurs
b. Dangerous felonies (BARRK)
i. Burglary
ii. Arson
iii. Rape
iv. Robbery
v. Kidnapping
Depraved Heart Murder
Depraved heart: You acted recklessly, there was reckless disregard for human life and someone died
a. Reckless you knew or should have known that a death could occur but you did it anyway.
Voluntary Manslaughter
Voluntary - HAN
a. Adequate provocation which put you in the heat of passion and you had no time to cool off (you snapped). Something provoked you
i. Adequate provocation
ii. Heat of passion
iii. No time to cool off
b. Ie: You come home spouse in bed with someone else
Involuntary Manslaughter
Negligent conduct causing a death
